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What to Do When You Are on the Receiving End of a Child Support Enforcement Lawsuit in Texas

Facing accusations, especially in matters related to child support, can be overwhelming. Whether you have a legitimate reason for not meeting your obligations or have fulfilled them in a way that didn’t meet expectations, these disputes often stem from misunderstandings or even personal conflicts. However, no matter the circumstances, it’s crucial to know what to do if sued for child support in Texas. Effectively defending yourself in a child support enforcement lawsuit is essential to protect your rights and navigate the complexities of court-ordered responsibilities. Taking the right steps can help ensure the best possible outcome for your situation.

Tracking child support spending and facing consequences for non-payment

While you certainly love your child, you almost certainly do not love the idea of paying money to your ex-spouse so that she can take care of your child. Do you even know where the money is going? Probably not. Clients often ask me if they can track how child support money is spent. Unfortunately, there is no realistic way to do this, and you won’t have a clear idea of where the money goes.

Regardless of how the money is spent—whether on your child or something else—you still have a responsibility to pay child support. If you fail to pay the child support in time and in full there are consequences and repercussions that you will have to come face to face with.

Here’s the key point: If you violate a court order to pay child support, a judge can potentially order jail time, among other penalties. While it’s unlikely you’ll face jail for falling a few thousand dollars behind, repeated violations can lead to severe consequences. However, if you have repeatedly been to the family court for child support violations it is entirely possible that this will be the outcome for you.

How to protect yourself when facing a child support enforcement lawsuit

Since jail time is on the table in an enforcement lawsuit you need to approach your case like you are a defendant in a criminal case. Hiring a lawyer is a must if you can afford one. If not, the court must provide you with an attorney at no charge if you qualify as being indigent. Seemingly every court has a different set of rules that you must satisfy in our to qualify for a court-appointed attorney. In most situations, if you are receiving food stamps or other government assistance it is likely that you would also qualify for free legal representation.

You want an attorney to be by your side so that you can avoid making mistakes that will end up costing you time, money and ultimately your freedom. I am not exaggerating when I say that you could go to jail as the result of a child support enforcement case. Yes, you, the person reading this blog post could go to jail. Accountants, small business owners, engineers, salesmen, waiters, busboys, construction workers- it doesn’t matter. You may have never run afoul of the law before in your life. However, judges are not lenient with men who violate child support orders, especially if you have done so before.

The Office of the Attorney General can pull a sneak attack before you even know what happened

In Texas, the Office of the Attorney General in charge of collecting and distributing money received for child support. Paying your court-ordered child support in full and using the website to track your payments can significantly simplify your life. It helps ensure you meet your obligations and stay on top of your responsibilities. On the other hand, the Office of the Attorney General can also make your life much more difficult if you are not able to pay your support correctly.

Their office can actually begin to take action against you for the failure to pay child support without your even knowing it. Allow me to explain. If you are paying your ex-spouse child support directly- instead of through the State Disbursement Unit as likely stated in your Final Decree of Divorce– you may have put yourself in a tough spot. The reason is, your ex-spouse deny that you made the payments that you legitimately have. Furthermore, it could happen that the Office of the Attorney General begins to take steps to collect that money without even taking you to court.

When the Attorney General reviews their list of individuals failing to make payments, they might see your name if they lack records of your direct payments. A potential remedy to this situation is to intercept your tax refund before it makes its way to your mailbox or to your bank account. Your professional license(s) may face suspension, and authorities could seize other financial assets. They do not need a court order to do this, either, so it all could happen rather quickly.

The bottom line: life changes quickly

When you anticipate leaving your job or are terminated without securing a new position, it’s crucial to consider how this will affect your child support obligations. You know how much you earn from your work and how much you have in savings. You know how much you have to pay in child support. Finally, you know what your other bills are.

With all this information you can pretty well predict if you are going to be able to pay your child support. If you find out that due to a change in circumstances you can no longer pay your child support, there is something you can and should do about it.

How to go about modifying a prior child support order

Most family law attorneys advise waiting three years from the date your last child support order was signed before seeking a modification. Keep in mind that if something significant has changed in regard to your income- either an increase or a decrease- it could be that you need to modify your order sooner than that.

The law in the Texas Family Code is that if the “new” amount of child support that you should be paying differs either by $100 or 20% from the current amount that you are paying then you are justified in requesting a modification. That is a difference over or under the current amount, I should add. You can use online child support calculators, including the one on our website, to estimate how much child support you should pay based on your income and the number of children involved in your case.

Since you have already been through a divorce you will be familiar with the steps of a child support modification case. Filing a petition to modify, receiving an answer from your ex-spouse and then attending modification is typically how these sorts of cases work. If mediation fails to result in a settlement, you will present your case to a judge. The judge will then decide if a modification is warranted.

What happens with medical support?

As we mentioned in yesterday’s blog post, paying medical support for your child is closely tied to the obligation of child support. There are a number of ways for you to meet this obligation. First, you can have health insurance through your employer or can pay for a private plan. You would then simply add your children to that policy in order to meet the requirement to pay medical support.

Another option would be to pay your ex-spouse for the health insurance premiums that she pays to keep the kids on her employer-provided health insurance plan. The final option occurs when neither you nor your ex-spouse have private health insurance through your employers, and you rely on a government plan instead. You would then pay medical support to reimburse the State for providing your child with insurance.

One thing to keep in mind is that if you have a wage withholding order in place with your employer, that same order will allow medical support to be withheld as well. Depending on which of the above options are in play for you and your family the money would either go to your ex-spouse or directly to the State of Texas.

Parents typically share any medical costs for their children that insurance doesn’t cover. Check your Final Decree of Divorce to confirm what was ordered. I recommend setting a phone reminder to send any unpaid bills to your ex-spouse at the end of each month. That way you both are aware of them and can pay accordingly.

What do parental rights have to do with a divorce or child custody case?

When it comes to dividing up your child’s time between you and your ex-spouse, there is something visceral about the process. Obviously, your child cannot be in two places at once. So, it is likely that you will want your child to be with you as much as possible. However, we as parents need to keep in mind that while time with your child is important, your ability to make decisions that affect their well-being is just as important if not more important.

In Texas family law, the term “custody” appears frequently, but you might be surprised to learn that the Texas Family Code does not use the word “custody” at all. The word that we do see quite a bit is “conservatorship“- a word that you may be less familiar with. What conservatorship means is the relationship that you have with your children in terms of the ability for you to make decisions regarding their well-being. Rights to spend time with your kids and make decisions that benefit them. As well as the duties to support your child- financially and otherwise. That is what conservatorship is all about.

A court must make decisions regarding a child based on what is in the child’s best interests. This is the legal standard by which a judge will view your case if you ever present yourself for a temporary orders hearing or trial. In tomorrow’s blog post, we will get into what impact parental rights will have on either your divorce or child custody case.

Conclusion

Navigating a child support enforcement lawsuit in Texas can be challenging, but understanding what to do if sued for child support in Texas is crucial for a favorable resolution. Whether the issue arises from misunderstandings, disputes over payment methods, or other complexities, it’s important to approach these concerns with clarity and care. By preparing a solid defense and seeking expert legal guidance, you can effectively address and resolve the situation. Remember, protecting your rights and ensuring fair treatment under the law is essential for achieving a positive outcome in any child support enforcement case.

Questions about family law in Texas? Contact the Law Office of Bryan Fagan

There is no better source for information about family law in southeast Texas than the attorneys with the Law Office of Bryan Fagan. Our licensed family law attorneys practice in courts across our community and do so on behalf of clients and families just like yours. To learn more about our office and the services we provide to clients please contact us today.

Our lawyers take a great deal of pride in advocating on behalf of hard-working people just like you. While no two cases are just alike, we believe that our experience in handling a wide variety of family law cases leaves us prepared to represent you and your family better than any other attorney in our area. We invite you to look at our website, read our blogs, and reach out to us six days a week for a free-of-charge consultation with one of our attorneys.

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Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

  1. How Much Will Your Child Support Enforcement Case Cost?
  2. The Beginning Stages of a Child Support Enforcement Case
  3. Defending Against a Child Support Enforcement Case
  4. Texas Child Support Basics, Part Two
  5. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
  6. Child Support Modification in Texas (Part 1)
  7. What do I do if I have overpaid child support in Texas?
  8. Child Custody Basics in Texas
  9. Child Support and College Tuition in Texas
  10. Texas Child Support Appeals
  11. In Texas, are Child Support and Visitation Connected?
  12. Texas Child Support – Trust and Annuities

Law Office of Bryan Fagan, PLLC | Tomball, Texas Child Support Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child support, it’s important to speak with one of our Tomball, TX Child Support Lawyers right away to protect your rights.

Our child support lawyers in Tomball, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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