Enforcement Cases and Office of the Attorney General Involvement

Modification or enforcement cases can be initiated by you, your attorney, or the Office of the Attorney General. Many individuals have approached the Law Office of Bryan Fagan for a free consultation, expressing concerns about their ex-spouse hiring the Office of the Attorney General to file a child support enforcement lawsuit against them. It’s important to clarify that the Office of the Attorney General does not represent your ex-spouse in an enforcement case, nor does their involvement imply that you have contacted them regarding owed back child support.

The Office of the Attorney General represents the State of Texas and its interests. When it comes to child support matters, the interests of the State of Texas lie in not having your child rely on public assistance for food, shelter, or medical attention. The Office of the Attorney General will intervene if you neglect to pay child support or medical support to offset the costs borne by the State of Texas for your child enrolled in any of these public assistance programs.

What exactly is a child support enforcement case in Texas?

An enforcement case arises when you violate a court order in some way. Failure to pay child support results in your ex-spouse filing an enforcement lawsuit against you, documenting specific dates of non-payment and the owed amounts obtained directly from the website of the Office of the Attorney General.

Afterward, the court will receive a motion for enforcement, and both you and your ex-spouse will be assigned a hearing date. You will be notified of this hearing date either by a private process server or by a constable. A citation will include the information for your hearing and information about the date, time, and location of where you were provided notice of the hearing and copies of the documents filed against you.

In this hearing, you would need to be able to present evidence that contradicts the enforcement lawsuit. Your ex-spouse will attempt to offer and introduce evidence that shows that you have violated the court orders related to child support payment. Your ex-spouse will also request specific punishments in response to your failure to pay the child support. As we will touch on in a moment, a potential consequence of your having failed to pay child support is jail time.

If you don’t face jail time for failing to pay child support, you will likely receive fines, incur court costs, and be subject to a court order mandating repayment of child support by a specified date. Additionally, your professional licenses may be suspended until you commence payment of the owed child support.

When should a motion for enforcement be filed?

Potential clients frequently ask whether there have been enough violations to warrant filing an enforcement lawsuit. If your ex-spouse has missed only one child support payment, amounting to “only” $500, it may not be worthwhile to invest time and money in pursuing legal action, considering associated costs and attorney’s fees. When hired for enforcement, our office will send a letter to the opposing party outlining the order violations for review. Subsequently, we will propose a solution and negotiate to resolve the matter, potentially scheduling mediation if feasible. Filing an enforcement lawsuit is viewed as the last resort for all parties involved.

Mediation allows you and your ex-spouse to once again sit down at a metaphorical bargaining table to see if you all can’t hammer out a settlement of your issues. For instance, I had an enforcement case some time ago that we were defending a client on. The opposing party had filed enforcement based on one violation of the order. While we did not go to formal mediation, the opposing party’s attorney and I were able to help the parties avoid going to court and allowed them to settle several other issues that had been problematic for the two since their divorce.

Generally, it’s advisable to delay filing an enforcement lawsuit, unless there’s a risk of physical, emotional, or other harm to you or your children. If a missed child support payment occurs, it could be an oversight rather than intentional harm. First, address the issue directly and consult with an attorney to explore legal options. Then, continue negotiations to seek solutions without resorting to litigation. A mutually agreeable resolution may lead to a better outcome and help avoid the negative consequences associated with lawsuits.

Why having the Office of the Attorney General help you may work to your advantage

If your ex-spouse owes you child support and you can’t file an enforcement lawsuit independently, having the Office of the Attorney General file the lawsuit may benefit you. I would tell you that this is true if your case is straightforward and doesn’t have many moving parts of complicated fact patterns. The money you save could be significant in that you do not have to hire an attorney, at least to file the lawsuit. Whether or not you need to hire an attorney for the case itself is up to you.

However, keep in mind that most child support cases are not the run-of-the-mill, “easy” situations that may not require a lawyer’s assistance. In that case, you need to hire an attorney to represent you. Likewise, if your ex-spouse has reached out to the Office of the Attorney General to file an enforcement lawsuit, you need to hire an attorney of your own. Even if your ex-spouse doesn’t have a lawyer, you need to hire one. Remember, the worst outcome for your ex-spouse could be receiving no child support or less than anticipated. As someone accused of not paying child support, the potential consequences of your case are much more significant.

Expect the following things to happen with the Office of the Attorney General filing a lawsuit.

A motion for enforcement can be filed against you by the Office of the Attorney General. This enforcement lawsuit will likely be regarding the alleged failure to pay cash medical support or child support as ordered in your final decree of divorce. An IV-D court in Harris County will usually be the site where a judge will hold these cases. The Office of the Attorney General will have a “bullpen” of mainly young attorneys who will represent its office in your case.

These attorneys have a relationship with the judge and the court. They work there every day. In case you haven’t noticed, you do not work there every day. They are comfortable in the courtroom and have worked on hundreds of cases just like yours. While you may be highly educated, it’s unlikely that you know much about child support enforcement cases in Texas. They are on their home turf; you are the away team with no cheering section insight.

If you’re considering moving forward with an enforcement case in Texas without legal representation, I advise against it. The court may appoint you an attorney if you demonstrate financial need by proving unemployment, lack of income, absence of assets for sale, and receipt of government assistance. Upon receiving notice of the enforcement case, you’ll also be notified of the court date for the initial hearing with the judge. It’s crucial to understand that this hearing could result in potential jail time for failure to pay child support. While not guaranteed, the quasi-criminal nature of enforcement cases means jail time is possible depending on your circumstances.

What happens if you cannot attend court or choose not to?

If you’ve ever received a letter stating that you have jury duty, you’ve likely wondered whether or not you will attend. Now, I would never recommend that you not go to jury duty. It is an obligation that we all have as citizens to participate in the legal process. It is a privilege on many levels to attend jury duty.

With that said, it is not fun to attend jury duty, and you likely have other things going on that you need to listen to that jury duty would divert your attention from so, if you do not attend jury duty, that is a decision that could wind up with you having to talk to a judge. In some situations, I have asked people what happens if you don’t attend jury duty, and they have told me that nothing happens at all. You can refer to a jury duty notice to see the exact penalties for failing to attend.

All of this is to say that if you do not attend your court date for a child support enforcement hearing, then that is something that will undoubtedly work against you- both in the short and long terms. Failure to appear in court as ordered by the judge results in the issuance of a warrant for your arrest. Attending court on that day is not recommended. Instead, a judge has signed an order that instructs you to attend court or face severe consequences.

Conclusion

Understanding the dynamics of modification or enforcement cases is vital for navigating child support issues effectively. Whether initiated by you, your attorney, or the Office of the Attorney General, these cases demand careful attention and strategic planning. It’s common for individuals to seek legal counsel, such as a free consultation with the Law Office of Bryan Fagan, when facing enforcement actions. It’s crucial to recognize that the Office of the Attorney General’s involvement does not equate to representation of your ex-spouse, nor does it imply that you have contacted them regarding owed child support. With clarity on these matters and appropriate legal guidance, individuals can navigate the complexities of child support enforcement with confidence.

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

The attorneys with the Law Office of Bryan Fagan thank you for your time today. We enjoy being able to share some insights and information on various areas within Texas family law. Our years of experience working inside the courts of southeast Texas have allowed us to develop a sense of what to expect inside and outside the courtroom. We hope that you have learned something today and look forward to any questions you have for us.

If you have questions about today’s blog post or want to speak to an attorney about your case, feel free to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week where you can ask questions and receive feedback about your particular circumstances.

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Other Articles you may be interested in:

1. How to file for divorce when there are child support or custody orders already in place
2. Do You Still Have to Pay Child Support If Your Ex Remarries Someone Else?
3. Is Overtime Pay or Bonus Pay Considered for Texas Child Support?
4. How much will your child support enforcement case cost?
5. The Steps of an Enforcement Case in Texas family law court
6. Preparing for an Enforcement case in Texas
7. Defending against an Enforcement Action in Texas
8. Enforcement Suits in Texas Family Law: An Overview
9. Child Support Enforcement Defense – Act Sooner Rather than Later
10. Can my Texas Driver’s License Be Suspended for Not paying Child Support?

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 EnforcementLawyers 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. The Law Office of Bryan Fagan, PLLC, handles enforcement cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.