When a parent fails to pay court-ordered child support, the financial burden falls directly on the custodial parent and the child. If you’re facing non-payment or partial payment of child support, you have legal options to enforce the order and recover what your child is owed. This guide explains the enforcement methods available in Texas, the process for filing an enforcement action, and how an experienced San Antonio family law attorney can help you work through this process.
Understanding Child Support Enforcement in Texas
Child support enforcement refers to the legal process of compelling a parent to meet their financial obligations to their child. When a parent fails to pay child support as ordered by the court, enforcement becomes necessary so the child can receive the financial support they need.
Texas law provides two primary pathways for enforcing child support orders. The first involves filing through the Office of the Attorney General (OAG), which offers free enforcement services. The OAG can pursue various remedies including wage garnishment, license suspension, and contempt proceedings. However, this process often moves slowly due to the high volume of cases the OAG handles.
The second pathway involves hiring a private family law attorney to file an enforcement action on your behalf. While this requires paying attorney fees, private enforcement typically produces faster results. Many courts prioritize cases brought by private counsel, and an attorney can pursue aggressive remedies more quickly than the OAG. Additionally, Texas law allows courts to award attorney’s fees to the prevailing party in enforcement actions, which can offset your legal costs.
Texas Family Code Section 157 governs child support enforcement and outlines the remedies available to courts. Understanding these remedies and the enforcement process helps you make informed decisions about protecting your child’s financial interests.
When You May Need to Enforce a Child Support Order
Several situations may require you to take enforcement action. The most common scenario involves an obligor (the parent owing support) who simply stops paying or makes only partial payments. Over time, these missed payments accumulate into arrearages—the total amount of unpaid child support owed.
Enforcement becomes necessary when an obligor changes employment and the employer fails to withhold child support from their wages. If the obligor relocates to another state, you may need to pursue interstate enforcement under the Uniform Interstate Family Support Act (UIFSA). Changes in the obligor’s income may also trigger the need for enforcement if they claim inability to pay while their financial situation has actually improved.
In some cases, enforcement and child support modification occur simultaneously. If the obligor’s circumstances have changed significantly, you may file for both a modification of the child support amount and enforcement of the existing order. An attorney can evaluate whether modification is appropriate in your situation.
Methods Available to Enforce Child Support Orders in Texas
Texas courts have multiple enforcement tools at their disposal. Understanding these methods helps you anticipate what remedies a judge might impose and what outcomes you can expect from an enforcement action.
Income Withholding (Wage Garnishment)
Income withholding represents the most common and effective enforcement method. When a court orders income withholding, the obligor’s employer receives a withholding order requiring them to deduct child support directly from the obligor’s wages before they receive their paycheck.
Under Texas law, income withholding is limited to a maximum of 50% of the obligor’s disposable income, regardless of whether the obligor has other dependents. This limit increases by 5% (to 55% of disposable income) if the obligor is more than 12 weeks in arrears. For detailed information on how these limits apply, see Texas Family Code Section 158.009.
Employers have a legal obligation to comply with withholding orders. They must implement the withholding within a specified timeframe and remit the withheld funds to the appropriate state disbursement unit. Employers who fail to comply can face penalties.
License Suspension
Courts can order suspension of the obligor’s driver’s license, professional license, or occupational license when they fall behind on child support payments. This remedy can be particularly effective because it directly impacts the obligor’s ability to work and earn income.
Driver’s license suspension typically occurs when arrearages reach a certain threshold. Professional licenses—such as those held by attorneys, physicians, contractors, and other licensed professionals—can also be suspended. The obligor must receive notice of the suspension and an opportunity to be heard before the license is actually suspended.
To reinstate a suspended license, the obligor must typically demonstrate that they have brought their payments current or have entered into a payment plan approved by the court.
Tax Offset and Asset Seizure
Federal and state tax refunds can be intercepted to satisfy child support arrearages. When the obligor files their tax return and is entitled to a refund, the government can redirect that refund to pay outstanding child support obligations. This process occurs automatically through the Federal Offset Program and the State Offset Program.
Beyond tax refunds, courts can order liens against the obligor’s property, including real estate and vehicles. A lien gives the state a legal claim against the property, and the obligor cannot sell or refinance the property without satisfying the lien. Bank accounts and other financial assets can also be levied to satisfy child support debt.
Passport Denial
Federal law allows the State Department to deny or revoke a passport when an individual owes substantial child support arrearages. The threshold for passport denial is arrearages exceeding $2,500, as established by 42 U.S.C. § 652(k). This remedy prevents the obligor from traveling internationally and can serve as a powerful incentive to bring payments current.
Contempt of Court and Criminal Penalties
When an obligor willfully violates a child support order, they can be held in contempt of court. Civil contempt proceedings allow the court to impose sanctions, including jail time, until the obligor complies with the order. The obligor can purge themselves of contempt by paying the owed support.
Criminal non-support charges represent a more serious consequence. Under Texas Penal Code Section 25.05, a parent who intentionally or knowingly fails to pay child support can face criminal charges. Conviction can result in confinement in a state jail for 180 days to 2 years and a fine up to $10,000. Criminal prosecution typically occurs in cases involving substantial arrearages or a pattern of willful non-payment.
The Process for Filing a Motion to Enforce Child Support
Filing an enforcement action involves several steps. Understanding this process helps you prepare and know what to expect. Working with an experienced child support enforcement attorney can streamline this process and protect your rights.
Step 1: Gather Documentation
Before filing an enforcement petition, collect all relevant documentation. You will need the original child support order or the most recent modification order. Gather payment records showing the obligor’s payment history and identifying any missed or partial payments. This documentation might include bank statements, cancelled checks, payment receipts, or statements from the state disbursement unit.
Collect communication records between you and the obligor, including text messages, emails, or letters discussing non-payment. These communications can establish the obligor’s knowledge of the obligation and their failure to pay. If the obligor has claimed inability to pay, gather current information about their employment and income, such as recent pay stubs or employment verification.
Step 2: Prepare and File the Enforcement Petition
Your attorney will prepare a motion to enforce child support, which is the formal court document initiating the enforcement action. This petition must include specific information required by Texas law, including the obligor’s name and last known address, the amount of arrearages owed, and the relief you are seeking.
The petition must be filed in the court that issued the original child support order. Filing fees apply, though the amount varies by county. Your attorney can advise you of the specific fees in your jurisdiction. Once filed, the court will schedule a hearing on your enforcement petition.
Step 3: Serve the Other Party
After filing the petition, the obligor must be served with notice of the enforcement action. Service must comply with the Texas Rules of Civil Procedure and typically involves personal service by a process server or constable. The obligor must receive the petition and notice of the hearing date.
If the obligor’s location is unknown, your attorney can request that the court allow service by publication or other alternative methods. Once the obligor has been served, you must file proof of service with the court.
Step 4: Attend the Enforcement Hearing
At the enforcement hearing, you will present evidence of the obligor’s non-payment. This includes the child support order, payment records, and any other documentation establishing the arrearages. You may testify about the impact of non-payment on you and your child.
The obligor has the opportunity to respond to the enforcement petition. They may claim inability to pay due to job loss, illness, or other circumstances. They may also dispute the amount of arrearages or claim that they have made payments not reflected in the records. The judge will evaluate the evidence and determine whether the obligor has violated the child support order.
If the judge finds that the obligor has willfully violated the order, they will impose remedies. These may include income withholding, license suspension, contempt findings, or other sanctions. The judge may also order the obligor to pay your attorney’s fees if you prevail in the enforcement action.
Enforcing Child Support Orders Across State Lines
When the obligor lives in a different state, enforcement can be more complex but remains possible under the Uniform Interstate Family Support Act (UIFSA). Texas adopted UIFSA in 1993 and was among the earliest adopters. All 50 states have now adopted similar legislation, creating a uniform framework for interstate child support enforcement.
Under UIFSA, the state where the child support order was issued (the “home state”) can enforce the order even if the obligor has moved to another state. Your attorney can file an enforcement action in the original court, and that court can exercise jurisdiction over the obligor in the other state.
Alternatively, you can file an enforcement action in the state where the obligor now resides. That state’s courts can enforce the Texas child support order under UIFSA principles. Interstate enforcement typically involves cooperation between the child support enforcement agencies in both states, though private attorneys can also pursue enforcement directly through the courts.
Interstate enforcement generally takes longer than in-state enforcement because it requires coordination between state agencies and courts. However, the remedies available—wage garnishment, license suspension, tax offset, and others—apply across state lines. An experienced family law attorney can work through the interstate enforcement process and pursue the most effective remedies in the obligor’s state.
Can You Recover Attorney’s Fees in Enforcement Actions?
One significant advantage of hiring a private attorney to enforce child support is the potential to recover your attorney’s fees from the obligor. Texas Family Code Section 157.167(a) provides that when an obligor fails to pay child support, the court shall order the obligor to pay the reasonable attorney’s fees and court costs incurred by the prevailing party. This is a mandatory fee-shifting provision, meaning courts must award fees when the obligor has failed to pay, subject to limited exceptions.
Courts may waive the fee requirement only for good cause, such as when the obligor is involuntarily unemployed or disabled and has no financial resources to pay (this exception applies when arrearages exceed $20,000). Texas Family Code Section 106.002 provides additional discretionary authority for courts to award attorney’s fees in other family law matters.
Recovering attorney’s fees can significantly reduce your out-of-pocket costs. In many cases, the obligor’s obligation to pay your legal fees provides additional incentive for them to comply with the child support order and avoid enforcement proceedings altogether.
How Higdon, Hardy & Zuflacht Can Help
At Higdon, Hardy & Zuflacht, our Board Certified family law attorneys understand the frustration and financial strain that non-payment of child support creates. We represent custodial parents throughout San Antonio and surrounding areas in enforcement actions designed to help recover the support their children are owed.
Our attorneys bring extensive experience in child support enforcement matters. The firm’s partners are all Board Certified in Family Law by the Texas Board of Legal Specialization. This certification reflects their focused knowledge of family law and their commitment to staying current with changes in the law.
We approach each enforcement case with a focus on achieving results efficiently and cost-effectively. Rather than pushing clients toward unnecessary litigation, we evaluate whether settlement or alternative dispute resolution might resolve the matter more quickly. When court action is necessary, we pursue appropriate remedies to compel payment and protect your child’s interests.
We provide personalized case evaluation and strategy development tailored to your specific situation. Whether the obligor lives in Texas or has relocated to another state, whether arrearages are modest or substantial, we develop an enforcement strategy designed to help achieve your goals. We also provide bilingual services to serve our diverse client base.
Frequently Asked Questions About Child Support Enforcement
How long does enforcement take?
The timeline for enforcement varies depending on the complexity of your case and the court’s schedule. In-state enforcement actions typically take several months from filing to final hearing. Interstate enforcement generally takes longer due to coordination between states. Your attorney can provide a more specific timeline based on your circumstances.
What if the obligor claims inability to pay?
If the obligor claims they cannot pay due to job loss or other circumstances, the court will evaluate their claim. The obligor bears the burden of proving inability to pay. If they have simply chosen not to work or have reduced their income intentionally, the court may impute income to them based on their earning capacity. If they have genuinely lost employment, the court may modify the child support order rather than impose contempt sanctions.
Can child support be modified during enforcement?
Yes, enforcement and modification can occur simultaneously. If the obligor’s circumstances have changed significantly since the original order, you can request modification of the support amount while also pursuing enforcement of the existing order. Our child support modification attorneys can advise whether modification is appropriate in your case.
What happens if the obligor moves out of state?
If the obligor relocates to another state, you can pursue enforcement under UIFSA. Your attorney can file an enforcement action in the original Texas court, or you can file in the state where the obligor now resides. Interstate enforcement mechanisms allow courts to exercise jurisdiction over out-of-state obligors and impose remedies including wage garnishment and license suspension.
Can I enforce child support on my own without an attorney?
While you can file an enforcement petition without an attorney, doing so may place you at a disadvantage. The enforcement process involves procedural rules, evidence requirements, and legal arguments. An attorney can work through these requirements, present your case effectively, and pursue favorable remedies. Additionally, if you prevail, the court may award your attorney’s fees, reducing your net legal costs.
What if arrearages are very large?
Large arrearages may require aggressive enforcement strategies. Your attorney can pursue multiple remedies simultaneously, including wage garnishment, license suspension, tax offset, and contempt proceedings. In cases involving substantial arrearages, criminal non-support charges may also be appropriate. An experienced attorney can develop a comprehensive enforcement strategy designed to help recover the maximum amount owed.
Contact Higdon, Hardy & Zuflacht for Child Support Enforcement
If you are struggling with non-payment of child support, contact Higdon, Hardy & Zuflacht today. Our Board Certified family law attorneys are ready to evaluate your situation and discuss your enforcement options. We serve families throughout San Antonio and the surrounding areas.
Call us at (210) 349-9933 or contact us online to schedule your consultation. We understand the urgency of your situation and are committed to helping you enforce your child support order and work toward securing the financial support your child needs.
