What Can the Custodial Parent Do? What Are the Potential Sanctions for the Non-Custodial Parent?
In Texas, as in other states, the non-custodial parent of minor children in a divorce proceeding will typically be ordered to pay child support to the custodial parent. Unfortunately, in Texas and across the nation, more than half of all people who have been ordered to pay child support fail to make full payment. A U.S. Census report found that, while approximately 70% of custodial parents received some type of payment under a child support order, less than half (43.5%) received the full amount set forth in the child support order.
If you are the custodial parent of minor children and have not received the full amount ordered by the court, what are your options? As the non-custodial parent, what are the potential consequences of falling behind in or failing to pay court-ordered child support?
The Rights of Custodial Parents in Texas to Seek Back Child Support
A non-custodial parent may fall behind in child support payments for a variety of reasons—illness, loss of a job or refusal to pay. While a non-custodial parent may, in very limited situations, successfully request the modification of a child support order, such modification will only apply to future payments. A child support arrearage can never be modified.
When the non-custodial parent has fallen behind in child support payments to you, your first step is typically to file a Petition to Enforce Child Support with the court that granted your divorce. It’s essential that this document be completed corrected and properly and timely filed, so it’s in your best interests to hire an experienced family lawyer to prepare the petition. Once you’ve filed your petition, the court will customarily schedule a hearing. Your ex must be given notice of the pending action and the scheduled date of the hearing. If your ex is nowhere to be found, you may be able to enlist the aid of the Office of the Attorney General to find him or her.
At the hearing, the court will consider all evidence related to the payment of child support, including the original support order and any record of payments. The non-custodial parent may appear and present evidence, though the court typically won’t reduce or eliminate an arrearage unless there’s evidence that the child support obligation was actually paid, but not reflected.
What Sanctions Can the Court Impose on a Delinquent Non-Custodial Spouse?
As a general rule, the court typically won’t require the non-custodial parent to make a lump sum payment to eliminate past-due support. Instead, the court will modify the order to incorporate the arrearage into the amount due, increasing the periodic payments so that the arrearage is paid off over time.
The court can, however, find the non-custodial parent in contempt of court and may impose more serious penalties, including fines and even incarceration. In addition, the court may order:
- Garnishment of wages—The court can require that child support be automatically taken from the non-custodial parent’s paycheck
- Interception of funds—The court may order the offset of future tax refunds or of lottery winnings to pay off child support arrearages
- The seizure of property or placement of a lien—The court may put a lien on your home, business or other asset, which will remain in force until the arrearage is paid off
Contact the Proven Divorce Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have worked with women and men in all matters related to family law and divorce for more than 40 years. We have a thorough understanding of the child support laws in Texas and can help protect the rights of men and women in child support controversies. To learn how we can help you in any family law matter in the Lone Star State, contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
