Child Support Enforcement in Denton and Collin Counties

Unfortunately, parents do not always follow court orders regarding payment of their child support obligation. If your child’s mother or father is not paying child support as ordered, we can help you collect the money you are owed. In most situations, the court will also order that the other parent must reimburse you for the attorneys’ fees you incurred in pursuing the unpaid child support.

When a parent does not follow a court order requiring them to pay child support, the consequences can affect the entire family. If you are not receiving the child support you are owed, or if you are being accused of failing to pay, it is important to understand your legal options and the requirements of the existing court order.

At Lewis, Passons & Darnell, P.C., we represent parents in child support enforcement matters throughout Denton County, Collin County, and North Texas. These cases can involve significant financial and emotional stress. Our attorneys work with clients to identify practical solutions while pursuing the remedies available under Texas law.

“I retained Andrew to assist me with an extremely difficult, highly contested divorce after my first lawyer struggled with my case for seven months. Andrew came strongly recommended by trusted friends. His legal knowledge, passion for the law, experience with the Denton Court system, and professionalism were exceptional. He carefully assessed my case, presented my options in terms I could understand, and took control of the proceedings in a way that greatly impressed me and gained the attention and respect of the opposing council. I was very pleased with the outcome of my divorce and highly recommend Andrew Passons.” –David (Review from Avvo.com)

Here at Lewis, Passons & Darnell, P.C., we understand the complexity that often accompanies these delicate legal situations, and we are compassionate toward the financial and emotional distress that families can experience when a former partner fails to comply with court orders. We will bring our experienced and tough team of attorneys to bear in petitioning the court to enforce the child support order.

What Is Child Support Enforcement?

Child support enforcement is the legal process used to enforce an existing child support order when a parent is not complying with its requirements.

A parent may seek enforcement when child support payments are missed, payments are not made in the required amount, or another provision of the court’s order is not being followed. Depending on the circumstances, enforcement proceedings can involve unpaid support, disputed payment histories, income withholding, liens, contempt proceedings, and other legal remedies.

The appropriate enforcement strategy depends on the language of the existing order, the amount allegedly owed, the parent’s payment history, and the circumstances surrounding the alleged violations.

What Can Happen When Child Support Is Not Paid?

When a parent falls behind on child support, the unpaid balance can continue to grow. Texas law provides several potential methods for enforcing a child support order and collecting past-due support.

In order to enforce the child support order, we will first seek to have the offending parent found in contempt of court. If found in contempt, the parent could be incarcerated for up to six months and forced to pay a fine of up to $500 for each violation. We will also seek to place a child support lien on the obligor’s real and personal assets, such as bank accounts, retirement accounts, real estate, vehicles, computer equipment, etc.

In addition, we can help initiate income withholding for the obligor’s place of employment, request suspension of the obligor’s driver’s and occupational licenses, and work with the Attorney General to secure passport suspension and income tax refunds. In short, we will make every possible effort under the law to secure the child support arrangements and assure future child support payments are made.

Income Withholding

Income withholding is one of the most common methods of collecting child support. An employer can be required to withhold support directly from a parent’s paycheck and send the payment through the appropriate child support payment system.

Income withholding may also be used in connection with certain child support arrearages. For many families, withholding can provide a more reliable method of ensuring that ongoing support payments are made consistently.

Child Support Liens

Texas law also allows child support liens to be placed on certain property or assets when a parent owes past-due support.

Depending on the circumstances, a child support lien may affect property such as real estate, bank accounts, retirement accounts, vehicles, insurance proceeds, and other assets. Determining whether a lien is appropriate and how it should be pursued requires careful review of the child support order and the amount of unpaid support.

Contempt of Court

A parent who knowingly fails to comply with a court order may be subject to a motion for enforcement and, where appropriate, contempt proceedings.

Contempt is a serious legal matter because the potential consequences can include fines and incarceration in appropriate circumstances. The court will consider the existing order, the alleged violations, and the evidence presented by the parties.

Because of the possible consequences, both parents seeking enforcement and parents accused of violating a support order should take contempt proceedings seriously.

License and Passport Remedies

Additional enforcement options may also be available in some cases.

The Texas Office of the Attorney General may pursue certain license-suspension remedies when a parent fails to pay child support. Depending on the circumstances, this can potentially involve driver’s licenses and certain professional, occupational, hunting, or fishing licenses.

A parent who meets applicable requirements may also face restrictions involving the issuance or renewal of a passport.

What If You Cannot Afford Your Child Support Payment?

If you have fallen behind on child support, do not assume that your obligation automatically changes when your financial circumstances change.

Losing a job, experiencing a significant reduction in income, or encountering another financial hardship generally does not automatically modify an existing court-ordered child support obligation. Until the order is properly changed, the existing obligation generally remains in effect.

This can create a difficult situation because arrearages may continue accumulating even when a parent’s current income is substantially different from the income used when the original order was entered.

If your financial circumstances have changed, an attorney can review your situation and determine whether you may qualify for a child support modification while also addressing any existing enforcement concerns.

Can Child Support Be Modified?

Child support enforcement and child support modification are related, but they are separate legal issues.

Enforcement addresses whether a parent has complied with an existing child support order.

Modification asks whether the existing support obligation should be changed because the circumstances of the child or one or both parents have changed.

Under Texas law, a child support order may be eligible for modification under certain circumstances, including situations involving a material and substantial change in circumstances or when other applicable statutory requirements have been satisfied.

Parents should also be careful about relying on informal agreements regarding child support. An agreement between the parents does not, by itself, necessarily change the amount required under an existing court order.

If circumstances have changed significantly, seeking a formal modification can help ensure that the court’s order accurately reflects the current situation.

What If the Other Parent Says They Cannot Pay?

A parent who is behind on child support may have circumstances that need to be evaluated carefully. Job loss, reduced income, disability, incarceration, or another significant change may affect a parent’s ability to pay, but financial difficulties do not automatically erase an existing child support obligation.

Likewise, a parent seeking enforcement should be prepared to establish what the court ordered, what payments were required, what payments were actually made, and what amount remains unpaid.

Payment records can sometimes become complicated, particularly when payments were made outside the normal child support payment system or when parents disagree about whether certain expenses or transfers were intended to count toward support.

Because the facts can vary substantially from one case to another, an attorney should review the specific court order and payment history before determining how best to proceed.

Do I Need an Attorney for Child Support Enforcement?

Not every child support dispute develops into complex litigation, but an attorney can be particularly helpful when a case involves:

• Significant child support arrearages
• Disputed payment records
• Contempt allegations
• Complex financial circumstances
• Income withholding issues
• Child support liens
• Multiple alleged violations of a court order
• Enforcement proceedings involving another state
• A substantial change in a parent’s financial circumstances
• A need to modify the existing child support order

At Lewis, Passons & Darnell, P.C., we can review your existing orders, payment history, financial circumstances, and other relevant information to help you understand the legal options that may be available.