HAVE QUESTIONS?

1-281-DIVORCE (348-6723)

How to Enforce Child Support Order in Texas

Enforcing Child Support Orders in Texas: A Creditor’s Perspective

For over 25 years, I worked as a debtor’s attorney, filing over 4,000 Chapter 7 and Chapter 13 bankruptcy cases to help individuals regain financial stability. Today, my focus has shifted to representing creditors, ensuring they recover what they’re owed under Texas law. Enforcing child support orders is a critical area where financial obligations intersect with family law, requiring both procedural knowledge and strategic legal action.

Understanding the Final Decree of Divorce

The final decree of divorce outlines the roles and responsibilities of both parents (obligor and obligee) regarding child support, conservatorship, possession and access, and medical support. However, when a parent fails to comply with the court order, the other parent can file a motion for enforcement in the same court that issued the original order, as that court retains continuing jurisdiction (Texas Family Code § 157.269).

Contempt of Court: Criminal vs. Civil

When a parent fails to comply with a court order, it constitutes contempt of court and may result in criminal or civil penalties.

  • Criminal Contempt: Punishable by up to 180 days of jail time per violation and/or a fine of up to $500 per violation (Texas Government Code § 21.002).
  • Civil Contempt: Jail time lasts as long as the delinquent parent continues the wrongful act and fails to comply with the order.

Most child support violations involve constructive contempt, requiring proof of past violations by the movant.

Filing a Motion for Enforcement

A motion for enforcement must meet specific criteria to proceed effectively:

  1. Jurisdiction: Filed in the same court that issued the original order.
  2. Details: Must include the respondent’s name, provisions of the order violated, and requested relief.
  3. Proof: Attachments such as payment records from the Title IV-D registry or local registry.
  4. Specificity: State the amount paid, owed, and dates of alleged contempt violations.

In cases involving child support arrearages, the motion may request a court-approved payment plan or participation in work activities if the child is receiving assistance under Title IV of the Federal Social Security Act (Texas Family Code § 157.002 (a)(b)).

Time Limitations

There are strict time limits for filing motions for enforcement:

  • Contempt Orders: Must be filed within two years after the child reaches adulthood or the child support obligation ends (Texas Family Code § 157.005).
  • Arrearages: Must be filed within ten years after the child reaches adulthood or the child support obligation ends.

Protecting Creditors’ Rights in Child Support Cases

As someone who now represents creditors, I understand the importance of enforcing financial obligations like child support. These payments are not just legal requirements; they are essential for the well-being of children. I help creditors, including custodial parents, ensure that child support obligations are met in accordance with Texas law.

Share this post

Related Posts

Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.