In this article, you can discover…
- What to do if the other parent refuses to pay child support.
- Whether missed payments can affect custody or visitation rights.
- How to handle unpaid child support payments- both in and out of court.
What Are The First Legal Steps To Take If Child Support Payments Stop?
If you’re not receiving child support immediately after it’s been ordered, hold on, as it can take time to process. Give it one or two months before beginning to ask questions, as the Office of the Attorney General has an older system, and delays are likely.
Keep in mind that while child support is typically due on the first of the month, it is not technically late until the following month. While it may not be worth your financial while to hire an attorney to recover just one month of missed payments, if it becomes a pattern, have a conversation either with the Office of the Attorney General or with an attorney.
If child support is ordered and processed through the Office of the Attorney General, they’ll enforce the child support order for free.
How Long Should I Wait Before Filing Enforcement For Unpaid Child Support?
Remember, child support is not about you or your spouse: it’s about giving your child the resources they need to keep a roof over their head and to cover their day-to-day expenses. As a result, it’s generally a good idea to wait about three months before you file for unpaid child support. This allows a grace period for the other parent, as well, especially if they’re struggling financially or have recently lost their job.
After three months, hiring an attorney to help you collect that missing support will cost you about as much as the support itself, making it a better economic decision. Legally, holding off for a brief period gives you more leverage and may encourage the court to explore more extreme measures, such as probation or withholding the other parent’s tax returns.
Can Missed Child Support Payments Affect Custody Or Visitation Rights In Texas?
Absolutely not. It’s not uncommon for one parent to stop paying child support and the other to simply withhold the children as punishment. That’s never ok. While the parent obligated to make child support payments will be in trouble for missing them, the parent withholding access to their children will be in hot water, as well.
At the end of the day, child support and visitation rights are two entirely separate issues, and should never be commingled when exploring penalties for failure to pay child support.
Attorney Travis Granger is a respected, diligent family law attorney serving Texas. Since 2021, he’s helped parents just like you understand child support law and pursue appropriate legal measures when payments are missed.
Have questions, or in need of legal help? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.
Should I Negotiate Privately Or Simply Forgive Unpaid Child Support?
Whether to negotiate or forgive unpaid child support is a very case-specific question. However, I’ve seen cases where a father owes $20,000 in child support, and the mother wants to move out of state with their child. The mother may agree to waive those fees if the father agrees to allow the relocation. If both parties are ok with the arrangement, the agreement can move forward pending a judge’s approval.
While negotiations can be helpful in many cases, each family is different, and it’s best to have a conversation about the practicalities of any such arrangements with your attorney before you move forward.
How Should I Understand Enforcement Options (Like Wage Garnishment Or Contempt Of Court)?
If you’re seeking an enforcement order, the first thing to realize is that your former spouse is not going to get jail time or have their driver’s license revoked right off the bat. First, we’ll have them held in contempt of court. At this point, they may be put on probation and will still, of course, owe child support.
Next, they’ll be put on a payment plan to make up those payments on top of their ongoing child support obligations. They may have to pay you back for attorney’s fees, as well.
That being said, when I draw up enforcement orders, I’ll include every single option for the court to potentially exercise, including jail time and wage garnishment. If the case is egregious enough, the court is then able to pursue those options.
If the other parent continues to be negligent in making payments, the next time an enforcement order is requested, jail time and/or wage garnishment are more likely to be ordered.
Still Have Questions? Ready To Get Started?
For more information on missed child support payments in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.
Attorney Travis Granger is a respected, diligent family law attorney serving Texas. Since 2021, he’s helped parents just like you understand child support law and pursue appropriate legal measures when payments are missed.
Have questions, or in need of legal help? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.
