Child Support Enforcement Attorney Round Rock, TX
Practice Areas
Our Round Rock child support enforcement attorney is dedicated to helping parents ensure their children receive the financial support they deserve. When a noncustodial parent fails to meet their child support obligations, it can create unnecessary stress and financial strain for custodial parents.
Whether you are seeking assistance with unpaid child support payments or enforcing a court order, a Round Rock child support lawyer can provide legal representation to protect your family’s future. Call 512-956-5356 to schedule a consultation at the Law Office of Katy M. Lovett, PLLC, and learn how we can help enforce your child support orders.
What are Child Support Payments Used For?
In Texas, child support payments can be used for essential expenses such as housing, food, clothing, healthcare, education, and childcare. These payments also help cover costs for extracurricular activities, medical support, and any special needs a child may have.
Texas follows strict guidelines outlined in the Texas Family Code to determine the amount of child support. The amount is primarily influenced by the noncustodial parent’s income, the number of children requiring child support, and any special needs the child may have. In cases where a child has specific medical needs or requires additional care, the court may adjust the support amount accordingly.
NonCustodial Parent Child Support Obligations
Noncustodial parents are legally obligated to comply with child support orders to ensure their child receives the necessary financial support. These obligations are set by the court and must be followed as outlined in the court order.
Failure to pay child support can result in serious legal consequences in Texas. Non-payment can lead to wage garnishment through income withholding, the suspension of driver’s or professional licenses, seizure of bank accounts, and even jail time for contempt of court.
Courts and the Office of the Attorney General use various enforcement methods to hold non-custodial parents accountable for their child support obligations, making it essential for them to stay current with all payments.
Why You Need a Lawyer for Enforcing Child Support Orders in Round Rock, TX
Enforcing your child support order can be a challenging and stressful process, especially when a noncustodial parent refuses to comply. Working with an experienced family law order enforcement attorney in Round Rock is crucial to ensuring your rights and your child’s needs are fully protected.
A knowledgeable family law attorney like Katy M. Lovett can guide you through the legal process, help enforce child support orders, and ensure compliance using effective methods such as income withholding, license suspensions, or even asset seizures.
Common Reasons for Non-Payment of Child Support in Texas
In many cases, non-payment of child support occurs due to financial struggles such as unemployment or underemployment, making it difficult for the noncustodial parent to meet their obligations. Medical issues that affect earning capacity may also play a role.
Additionally, some parents intentionally avoid their obligations by hiding income or assets, while others may disagree with the terms of child custody or visitation, believing the payments are unfair. These reasons can complicate the child support enforcement process, making legal representation essential in ensuring that child support is properly paid.
How to Enforce Child Support in Texas
Texas law provides several enforcement tools to ensure payments are made when a noncustodial parent fails to comply with a child support order. Child support enforcement methods are designed to hold the non-paying parent accountable and secure children’s financial support.
The Texas Family Code outlines various options, from wage garnishment to more severe penalties like property liens and license suspensions. Understanding how the Office of the Attorney General uses these tools can help custodial parents take the necessary steps to enforce child support effectively and protect their child’s financial future. Below are some of the most common methods used to enforce child support in Texas.
Income Withholding
Income withholding is one of the most effective methods of enforcing child support orders in Texas. This process allows wages to be automatically garnished from the noncustodial parent’s paycheck to satisfy unpaid child support.
Employers must legally comply with these court orders, deducting a portion of the parent’s income to ensure that child support payments are made regularly. Income withholding can apply to various sources, including wages, bonuses, and other financial benefits.
Driver’s License Suspension and Passport Denial
Another enforcement tool available in Texas is the suspension of driver’s licenses, as well as professional and recreational licenses such as hunting and fishing licenses. When a parent falls behind on child support payments, the state can suspend these licenses until the outstanding child support is paid.
Failure to pay child support in Texas can also result in the denial of a passport. If a noncustodial parent owes more than $2,500 in unpaid child support, federal law allows for the denial of their passport application or renewal.
Imputed Income
In cases where a noncustodial parent is unemployed or underemployed, the court may assign “imputed income” to calculate child support payments. The court will estimate the parent’s potential earning capacity based on work history, education, and job skills. This ensures parents cannot avoid their financial responsibilities by intentionally remaining unemployed or taking lower-paying jobs to reduce their child support obligations.
Asset Seizure and Property Liens
Texas can seize assets from non-paying parents to cover unpaid child support. This may include freezing or seizing bank accounts, garnishing tax refunds, or other financial assets. Asset seizure is an effective way to collect back child support when other enforcement methods fail.
Texas law also allows for the placement of liens on real estate and personal property when child support payments are not made. These liens prevent the non-paying parent from selling or refinancing the property until the unpaid child support order is satisfied. Liens can be placed on non-exempt homes, vehicles, and other valuable assets, providing another layer of enforcement to secure the financial resources a child is owed.
What Happens at a Child Support Enforcement Hearing in Texas?
At a child support enforcement hearing in Texas, both the custodial and noncustodial parents can present their case before a judge. The hearing will determine whether the noncustodial parent failed to meet the child support obligations outlined in the court order. The judge will review evidence, such as payment history and financial documents, to assess the situation.
If the court finds that the noncustodial parent has not complied with the child support order, the judge may issue enforcement actions such as wage garnishment, license suspension, or even jail time for contempt of court. The noncustodial parent may also be ordered to pay attorney’s fees and other costs related to the enforcement process.
Penalties for Not Paying Child Support in Texas
In Texas, the penalties for failing to pay child support are significant and can include civil and criminal consequences. One of the most serious penalties for not paying child support is being found in contempt of court, which occurs when a noncustodial parent disobeys a court order. Contempt of court can result in fines, additional court costs, or even jail time.
The court may also impose civil penalties such as wage garnishment, suspension of driver’s and professional licenses, and seizure of bank accounts or tax refunds. If the failure to pay becomes a criminal matter, it can lead to further fines or jail time. These penalties are in place to enforce compliance with child support orders and ensure that the child’s financial needs are met.
How a Family Law Attorney Can Help With Child Support Arrears in Round Rock, TX
Our Round Rock family law attorney can provide invaluable assistance in dealing with child support enforcement. If a noncustodial parent has fallen behind on child support payments, an attorney can work alongside the Office of the Attorney General to enforce child support orders and recover unpaid amounts. This includes filing motions with the court, pursuing enforcement actions like wage garnishment or property liens, and working to ensure compliance with court orders.
In cases where family violence is a factor, an experienced family law attorney can also help protect custodial parents while ensuring they receive the financial support their children are entitled to.
Texas Child Support Enforcement FAQs
How Far Behind in Child Support Before a Warrant is Issued in Texas?
In Texas, the state may issue a warrant when the noncustodial parent is six months or more behind on their child support obligations. At this point, the noncustodial parent may be found in contempt of court, which can lead to fines, jail time, or other penalties until the child support is paid.
How to Collect Back Child Support in Texas
In Texas, back child support can be collected through methods such as wage garnishment, seizure of bank accounts, and interception of tax refunds. The Office of the Attorney General may also suspend licenses or place liens on property to enforce payment. In serious cases, the court can hold the non-paying parent in contempt, leading to fines or jail time.
How Much Back Child Support is a Felony in Texas?
In Texas, failing to pay child support becomes a felony if the noncustodial parent owes more than $10,000 in back payments or has not made payments for two years. This can result in serious legal consequences, including fines and potential jail time.
Experienced Round Rock Child Support Enforcement Attorney
If you’re struggling to enforce a child support order or need assistance recovering unpaid child support, the Law Office of Katy M. Lovett, PLLC, is here to help. As an experienced Round Rock child support enforcement attorney, Katy M. Lovett is dedicated to protecting your rights and ensuring your child receives the financial support they deserve. Contact our office today to schedule a consultation and learn more about how we can assist with enforcing child support orders.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.
