How do you Enforce a Child Support Order?
Have you considered hiring a child support attorney? It’s easy and cost-effective to hire an enforcement attorney for your child support needs. You have a court order including orders establishing child support, however, the parent required to pay child support has fallen behind on payments or has stopped paying altogether. You may need to go back to court for help enforcing the child support order.
In Texas, if you, as the person entitled to receive child support payments (obligee), are owed child support, you can ask the court to help you collect the past-due support. The court can order several remedies against the obligor (person ordered to pay child support) to help you collect the past-due support. Remedies such as:
- Child support liens on real estate or property
- Collecting tax returns and government benefits
- Revoking driver’s license or professional licenses
- Contempt of court including jail time
The Texas Family Code allows the obligee to file a motion to enforce the child support order the obligor failed to follow. This motion for enforcement can be filed anytime the obligor misses a child-support payment or makes a late or partial payment. If the child has become an adult or the child support obligation has terminated the obligee has two years to file, the motion for enforcement. Below is a list of some of the requirements for the motion:
- The orders violated. The portions of the child support order that were allegedly violated should be written verbatim from the child support order.
- The date and manner of noncompliance. This would include the payment history of the obligor.
- The possibility of future violations. Past actions of failing to pay child support can be an indicating factor on whether the obligor will fail to pay child support in the future before the hearing is held. Including the dates of the future payments that will be due is a necessary action prior to the hearing.
- Requests. The motion must specify out what relief you are requesting from the court. This relief could include contempt, incarceration in jail, fines, confirmation of arrearages, money judgments, wage withholding, and a bond. Your motion may also include a request that the oblige pay the past-due support in a payment plan or incorporate the payment into any existing payment plan.
Including a copy of the record of child support payments, original support order, and any modifications to the motion are helpful to the court before the judge can make a decision in the case.
Filing and Service
Once everything is complete the motion and all attachments are filed with the court. The documents will be served on the obligor by either a private process server or constable.
The summons will state when the hearing will be held. It is at this hearing that obligee will have the opportunity to prove whether the obligor failed to follow the court order. A judge will have several choices in a motion for enforcement case. Oftentimes, the judge may fine and/or jail the delinquent parent for contempt of court. The judge may even require that the delinquent parent pays a portion of the outstanding amount prior to being released from jail.
A party can file a motion for enforcement without an attorney however, it is not recommended if you are not familiar with preparing and arguing a motion fro enforcement. If you do not present the enforcement in the correct manner then you may risk having your case dismissed.
How can a Child Support Attorneys with the Brandy Austin Law Firm Help You?
If you or your child’s parent is behind on child support, call the Brandy Austin Law Firm and let us fight for your rights. We can help you through the entire child support enforcement process. Call today for a free consultation at (817) 841-9906.