Child support is a crucial aspect of ensuring the well-being of children after the dissolution of a marriage or relationship. However, non-payment of child support can pose significant challenges and hardships. In Texas, there are specific legal mechanisms and resources available to address the issue of delinquent child support payments. At GarciaWindsor, a distinguished family law firm in Dallas, Texas, we understand the sensitivity and urgency of these matters and are here to help you navigate the complexities of enforcing child support orders. This article outlines how to report non-payment of child support in Texas and the legal remedies available to ensure compliance.
Understanding Child Support Enforcement in Texas
The Role of the Office of the Attorney General (OAG)
In Texas, the Office of the Attorney General is responsible for enforcing child support orders. The Child Support Division of the OAG provides services to custodial parents seeking to collect overdue child support. These services are free to the public and do not require that the custodial parent be receiving public assistance.
Legal Basis for Enforcement
Child support orders are legally binding agreements that must be adhered to by the non-custodial parent. Failure to comply with these orders is not only detrimental to the child's well-being but also a violation of the law, which can lead to various enforcement actions by the state.
Steps to Report Non-Payment
Contacting the Office of the Attorney General
The first step in reporting non-payment of child support is to contact the Child Support Division of the Texas Office of the Attorney General. This can be done online, by phone, or by visiting a local office. You will need to provide information about the non-custodial parent and the specifics of the child support order.
Providing Documentation
It is crucial to provide all necessary documentation related to the child support order and any evidence of non-payment. This includes court orders, payment histories, and any correspondence with the non-custodial parent regarding their failure to pay.
Requesting Enforcement Services
Once the case is opened or an existing case is updated with the new information, the OAG can take steps to enforce the order. This may include wage garnishment, intercepting tax refunds, revoking licenses, and even pursuing criminal charges if the non-payment is severe and ongoing.
Enforcement Actions and Remedies
Wage Withholding
The most common method used to enforce child support is wage withholding, where employers are ordered to directly withhold and remit payments from the non-custodial parent’s paycheck.
License Revocation
The OAG has the authority to revoke various licenses, including driver's licenses, professional licenses, and recreational licenses, as a means to compel payment.
Contempt of Court
In cases where other enforcement methods fail, the non-custodial parent can be summoned to court and potentially found in contempt of court, which may result in fines or even jail time.
Criminal Prosecution
In extreme cases, non-payment can lead to criminal prosecution under Texas law, classified as a state jail felony if the amount unpaid reaches certain thresholds.
Seek Professional Help from GarciaWindsor
Dealing with non-payment of child support can be frustrating and emotionally draining. It’s crucial to have experienced legal professionals on your side to ensure that your child’s financial needs are met. At GarciaWindsor, we are committed to helping you navigate the enforcement of child support payments effectively. Our team of expert family law attorneys can provide the guidance and representation needed to resolve these issues. If you are struggling with the non-payment of child support, contact us today to discuss your case and explore your options. Let us help you secure the financial support your child deserves.