Dealing with a non-paying ex when it comes to child support can be frustrating and stressful. Ensuring that your child’s needs are met is a priority, and when the other parent fails to fulfill their legal obligations, it’s crucial to know your rights and options. In Texas, there are clear legal steps you can take to enforce child support orders and protect your child’s best interests.
This article will walk you through what to do when your ex is not paying child support, the enforcement process, and how the Texas Family Code supports your rights in this situation.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Child Support Matters
Child support plays an essential role in maintaining the well-being of your child. It ensures that both parents contribute to the child’s upbringing, whether it’s for education, healthcare, or daily living expenses. When one parent neglects this responsibility, it can put an unfair burden on the other, which is why Texas law takes non-payment seriously.
Legal Enforcement of Child Support in Texas
If your ex is not paying child support, the law offers several avenues for enforcement. Under the Texas Family Code, specific enforcement actions can be taken to ensure the parent meets their obligations.
Common Enforcement Methods
Wage Garnishment
Texas law allows child support to be automatically deducted from the non-paying parent’s paycheck. According to Texas Family Code Section 158.001, this is a common method used to collect unpaid child support.
Contempt of Court
Non-payment of court-ordered child support can result in your ex being held in contempt of court. This means they can face fines or even jail time. Texas Family Code Section 157.166 states that a person can be fined or imprisoned for failing to comply with a child support order.
Suspension of Licenses
The state of Texas can also suspend the driver’s license, professional licenses, and even hunting or fishing licenses of the parent who is not paying. This is an effective measure, as it encourages compliance by making daily life more difficult for the non-paying parent.
Seizing Property and Assets
The court may also order the seizure of personal property, bank accounts, or tax refunds to recover overdue child support. Texas Family Code Section 157.312 allows the state to place liens on property for unpaid child support.
Steps to Take If Your Ex Is Not Paying Child Support
When faced with non-payment, it’s important to act quickly and follow the legal process. Here’s what you can do:
1. Keep Detailed Records
Make sure you maintain a thorough record of all child support payments or lack thereof. Keep records of any communication with your ex about the missed payments.
2. Contact the Office of the Attorney General (OAG)
The Texas Office of the Attorney General provides free services for enforcing child support. They can assist you in filing an enforcement case and help you recover missed payments.
3. File a Motion for Enforcement
If your ex has failed to pay, you can file a Motion for Enforcement with the family court. This legal action asks the court to enforce the child support order and impose penalties on the non-paying parent.
4. Seek Legal Assistance
Having an experienced attorney on your side can help you navigate the process efficiently. A DFW family law attorney can guide you through the complex legal process and ensure you get the support you’re entitled to.
Scenarios When Your Ex May Fail to Pay Child Support
Non-payment of child support can happen for various reasons. Below are some common scenarios and what you can do in each case:
1. Your Ex Loses Their Job
If your ex has lost their job and is unable to pay, they are still legally obligated to provide support. In this case, they may petition the court for a modification of the child support order, but until that happens, they must continue making payments.
2. Your Ex Claims They Can’t Afford Payments
Even if your ex claims they can’t afford the payments, this doesn’t absolve them of their responsibility. In fact, Texas law allows the court to review their financial situation and determine whether they’re truly unable to pay.
3. Your Ex Has Moved Out of State
Texas can enforce child support orders even if your ex moves to another state. Under Texas Family Code Section 159.001, the Uniform Interstate Family Support Act (UIFSA) ensures that child support obligations are enforceable across state lines.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
When your ex fails to meet their child support obligations, the team at Turner-Monahan PLLC is here to help. With decades of experience in family law, our attorneys are dedicated to ensuring that your child’s needs are met and your rights are protected.
Whether you need assistance with enforcing child support, contested divorce, or any other family law matter, we’re committed to providing personalized legal strategies that work. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
