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In Texas, family law cases involving child support enforcement can quickly become serious if you fall behind on payments. If the Attorney General’s Office shows a history of failure to pay your child support obligation in full and on time, the consequences can be severe. In some cases, this can lead to a probation violation, further complicating your situation. The rules surrounding child support payments are clear-cut, but the penalties for non-compliance can be harsh, leaving little room for error.
Did you pay on time and in full? Great, you have a valid defense for yourself. Did you not pay your child support obligation on time, in total, and in the manner specified in your prior order? In this case, you had better line up a defense or two to talk to the judge about. We went over those defenses yesterday, and if you have not already done so, I recommend that you go back and read about those defenses to see if any apply to your situation.
Supposing that those defenses were not effective and you now find yourself facing punishment from a judge for failing to abide by your court orders on child support, just what could you potentially be facing? What remedies are available to your child’s other parent as far as mechanisms to address your support deficiencies? Today’s blog post from the Law Office of Bryan Fagan, PLLC, will get into this subject in some detail.
Remedies That a Petitioner Can Seek in a Child Support Enforcement Case
In a child support enforcement case, the Petition is the party who initiated the lawsuit- the one who filed the Petition. In this case, you are the respondent- the party that responds to the lawsuit filed with an answer and possible defenses to the alleged violations contained in the Petition for enforcement.
Suppose you are unsuccessful in offering a defense to the allegations made against you. In that case, there is a range of remedies that the petitioner can seek to address the arrearages in child support payments.
Income Withholding
Income withholding, typically instituted during your previous family law case—be it a divorce or Suit Affecting the Parent-Child Relationship—is a straightforward remedy. Your paycheck will have an amount sufficient to cover your child support obligation and any arrearage withheld.
The judge in your case will assess a specific money judgment against you, and a payment plan will be worked out. Additionally, you will likely pay an extra sum on your monthly child support obligation until you fully pay any arrearage.
The goal is to repay the child support arrearage in less than ten years. If you are self-employed or unable to have a wage withholding order filed, the court will order you to make additional payments over your future child support obligation to the other parent, addressing the arrearage.
Placing a Child Support Lien on Your Property
A less commonly used method to retrieve any arrearages in child support would be to have a lien placed on any real property or even personal property that you own.
The child support lien would be equivalent to the amount of support you currently owe. This includes interest that accrues when the payments are lacking or not made.
Suspending Licenses
The other parent or Attorney General’s office may petition to suspend your license if you’re over three months behind in child support. They need to file and notify you about this action.
You have the right to answer this Petition. A hearing will follow to explore this path. If they win, the opposing party drafts an order for the judge. The judge signs and sends it to the relevant licensing authority.
Your driver’s license faces the highest suspension risk for unpaid child support. Licenses in pharmacy, engineering, medicine, or law are also vulnerable for non-compliance with child support orders.
Criminal Contempt (Jail Time and Fines)
In extreme cases, petitioners can request that the court hold you in criminal contempt for failing to follow the court’s child support order. This could result in up to 180 days in jail for each violation (with jail time for multiple violations served concurrently) or fines of up to $500 per violation.
Civil contempt findings can lead to indefinite jail time until you pay the child support arrears. For example, if you owe $5,000 in child support, the court can sentence you to up to 180 days in jail for criminal contempt and then impose a day-to-day civil sentence until you pay the full $5,000. If you haven’t paid attention to the child support enforcement case until now, jail time will likely grab your attention.
Community Supervision
Instead of jail for not following child support court orders, you’re more likely to get a suspended sentence. This hinges on starting to pay your child support arrearage.
In Harris County, post-enforcement hearing, a judge might direct you to the Domestic Relations Office. There, you’ll enroll in a supervision program. An officer will monitor your child support compliance, much like probation.
Unfortunately, this past year, I was part of a case where a gentleman had not paid child support for more than ten years. Not pieces of ten years or details of payments for five years. He had not made one single payment to his ex-wife to support his children. His ex-wife contacted the Attorney General to initiate an enforcement case on the nearly $200,000 he owed in child support.
This gentleman hired our office shortly before his hearing. He attempted to offer us defenses that involved his ex-wife relinquishing custody of his children for periods. He also tried to make procedural arguments that the child support order was not valid because it came from a territory of the United States (Puerto Rico).
Long story short- his defenses only absolved him of about $20,000 in back child support. He was sentenced to jail time which was suspended to begin to pay back the arrearage little by little. A period of community supervision can only last ten years, so he would have to pay nearly $18,000 in arrearages over the next ten years to meet that requirement.
Conclusion
In conclusion, failing to meet child support obligations in Texas can have serious consequences, including the possibility of a probation violation and other legal penalties. The enforcement process is strict, and any delay or failure to pay can lead to increased financial burdens, wage garnishment, and even jail time. It’s essential to stay proactive in fulfilling your child support responsibilities or seek legal assistance if you encounter difficulties in making payments. By understanding the severity of the consequences and acting quickly, you can help avoid the harsh repercussions that come with failing to comply with court orders.
The Law Office of Bryan Fagan
If you have any questions about the subject matter you read today, please contact the Law Office of Bryan Fagan, PLLC.
Our licensed family law attorneys stand ready to meet with you in a free-of-charge consultation. We can answer your questions and help you plan a course of action for your particular situation.
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Other Articles you may be interested in:
- Resources for Parents Who Can’t Afford Child Support in Texas
- How Can a Failure to Pay Child Support Impact Your Vehicle Registration?
- How to Avoid Legal Trouble If You Can’t Afford Child Support in Texas
- How much will your child support enforcement case cost?
- The Steps of an Enforcement Case in Texas family law court
- Preparing for an Enforcement case in Texas
- Defending against an Enforcement Action in Texas
- Enforcement Suits in Texas Family Law, Part Five
- Enforcement Suits in Texas Family Law, Part Four
- Enforcement Suits in Texas Family Law, Part Three
- Enforcement Suits in Texas Family Law, Part Two
- Enforcement Suits in Texas Family Law: An Overview
- Child Support Enforcement Defense – Act Sooner Rather than Later
- Can my Texas Driver’s License Be Suspended for Not paying Child Support?
Frequently Asked Questions
Not necessarily. The consequences for violating probation in Texas vary depending on the nature and severity of the violation. It’s crucial to consult with your attorney to understand your specific situation.
The duration of jail time for back child support in Texas can vary. Typically, it depends on the amount owed and the court’s decision. Consulting with legal experts is advised to address your unique circumstances.
The length of time for violating probation in Texas can range widely based on factors like the offense, prior violations, and court decisions. Consult with your attorney for personalized guidance.
In Texas, your license can be suspended for falling several months behind in child support payments. The exact threshold may vary, so it’s important to stay informed about your specific case.
The duration of incarceration for a parole violation in Texas can vary depending on the circumstances and the decision of the parole board. Consult with your attorney for precise information.
Failure to meet child support obligations can lead to legal consequences in Texas, including jail time in some cases. It’s essential to address child support matters promptly and seek legal advice when needed.
Child support obligations are legal responsibilities. It’s essential to work within the legal system to address any concerns or challenges you may have. Consult with an attorney to explore your options.
Back child support typically cannot be “dropped” in Texas, as it represents unpaid obligations. However, you may explore modification options with the court based on changes in circumstances.
Law Office of Bryan Fagan, PLLC | Houston, Texas Enforcement Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding order enforcement, it’s essential to speak with one of our Houston, TX Enforcement Lawyers right away to protect your rights.
Our enforcement lawyers in Houston, 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.
