What Happens When a Parent Fails to Pay Child Support? Your Legal Options

Unfortunately, many custodial parents are not receiving the full child support payments that they are due. According to data from the Administration for Children and Families, approximately 30% of child support owed nationwide is currently going unpaid.

There are solutions available. At Thornton Esquire Law Group, PLLC, we help parents pursue past due child support. Here, our Houston child support attorney provides an overview of your legal options if your co-parent failed to pay child support in Texas.

Even if your former spouse/partner is behind on their child support, that does not always mean that you need to take the case to court to get justice and the back due money that you are owed. In some cases, the best option is to try to figure out what is going on financially and to reach a settlement. It can be particularly effective if you are dealing with a co-parent who at least sometimes makes an effort to pay.

Before taking aggressive action, a demand letter is a formal warning to the delinquent parent that legal enforcement is imminent. A demand letter should be drafted by an experienced Houston, TX child support lawyer. Along with other things, the letter should outline the total unpaid support, it should provide a deadline for payment, and make it clear that failure to comply will lead to further legal action. You may want to consider offering them a payment plan to catch up on back due child support over time.

Do you co-parent have a job? If so, wage garnishment is your most powerful legal tool to collect on back due child support. Texas law allows automatic wage withholding for child support. That means that you can take action to help ensure that child support payments will come directly from the parent’s paycheck. If the other parent is not paying, you can request wage garnishment through the court or the Texas Child Support Division. A Houston family lawyer can help. Notably, employers must legally comply by deducting support before the parent even sees their paycheck. The method ensures consistent payments—if the parent has a job. However, wage withholding will not work for self-employed parents or those paid under the table. If income is unreliable, you may need to consider other tools for collecting on the child support that is owed.

A lien places a legal hold on the non-paying parent’s assets. It effectively prevents them from selling the assets (or accessing funds) until it is resolved. Liens can be placed on real estate, bank accounts, retirement funds, and even the settlement funds from a lawsuit. A Houston child support attorney can help you consider options for getting a lien. It can be a powerful collection tool because if your co-parent tries to sell their house or withdraw money from a liened account, child support must be paid first.

The Federal Tax Refund Offset Program allows you to claim the delinquent parent’s tax refund to cover unpaid child support. If they owe more than $500, their tax refund can be intercepted and applied toward the debt. Here is a useful thing to know about this option: You do need to go to court for this—Texas automatically submits past-due cases to the IRS when the proper paperwork is filed with state authorities. A Houston child support attorney can help.

If the non-paying parent ignores child support, Texas law allows suspending their driver’s license, professional license, hunting/fishing license, or even blocking a passport renewal. The Texas Child Support Division can initiate this action once they owe three months of past-due support. Losing a license can help to force compliance when other methods are simply not working. A Houston, TX child support enforcement attorney can help you evaluate this option as a collection tool.

Finally, contempt of court is another potential enforcement option for past due child support in Texas. When all else fails, you can take the non-paying parent to court for contempt, which can result in fines, wage garnishment, or even jail time for repeated noncompliance. A judge can enforce child support orders through serious legal consequences, including up to six months in jail. A parent may finally start to pay once they realize jail is a real possibility. In most cases, a contempt of court finding is the last remedy to collect on past due child support.

Are you owed child support? If so, you have the right to take action. At Thornton Esquire Law Group, PLLC, we are committed to helping parents in Houston and throughout the wider region in Southeast Texas get the full and fair child support that they are entitled to by law. If your co-parent is behind on his or her child support, our Houston family lawyer will help you explore every available option under Texas law to seek the payments that should be coming your way. Do not wait to get started: A proactive approach is key in delinquent child support cases.

At Thornton Esquire Law Group, PLLC, our Houston child support attorney is standing by, ready to protect your rights. If you have any questions about collecting on delinquent child support, we can help. Call us at (888) 378-1784 or contact us online for a completely confidential initial case review. With a law office in Houston, we handle child support cases throughout the region, including in Harris County, Galveston County, Fort Bend County, Brazoria County, and Montgomery County.