What Happens When Someone Refuses To Pay Child Support in Texas?

by Tycha Kimbrough

Publication Date November 15, 2022 in Child Support

You’re divorced or separated from your child’s other parent, and the child spends most of their time with you. You have a court order stating the amount of child support you should receive each month, but the noncustodial parent fails to pay child support or owes back payments. Now what? Attorney Tycha Kimbrough of Kimbrough Family Law, a child support lawyer, explains how child support works and what happens when someone refuses to pay child support in Texas.

How Is Child Support In Texas Calculated?

In most cases, the parent the court orders to pay child support is the one that spends the least time with the child (the noncustodial parent). To determine the amount of child support, a Texas family law court will typically consider the parent’s monthly income, minus taxes and the child(ren)’s health insurance costs, and allot roughly:

• 20% of the net income for one child
• 25% for two children
• 30% for three children
• 35% for four children
• 40% for five children
• More than 40% for six children and up

These numbers may be substantially lower if the noncustodial parent also has legal child support obligations towards children from a different relationship.

Additionally, enrollment in public assistance programs like Temporary Assistance for Needy Families (TANF) or Medicaid may affect the child support you receive. For instance, TANF recipients grant the state the right to establish and enforce child support collection. Apart from the first $75 the family gets each month, the rest of the sum goes to government agencies to reimburse them for paying TANF benefits. But what happens if, after all is said and done, your co-parent in Texas is refusing to pay their support obligations?

Penalties for Not Paying Child Support

Texas parents who neglect their child support obligations may face severe penalties, including:

• Wage garnishment through an automatic withholding order
• Seizure of federal or state tax returns
• Driver’s license suspension, as well as suspension of any other state-issued licenses
• Denial of passport issuance or renewal if the back child support payments amount to over $2,500
• Liens on the parent’s bank account, real property, savings accounts, and other assets by the Texas Office of Attorney General (OAG)
• A drop in credit score following the OAG’s report to credit reporting agencies
• Jail time of up to two years and a fine of up to $10,000 if a court finds the parent guilty of “criminal nonsupport”

In Texas, non-payers may also end up on the OAG’s Child Support Evaders list, which publicly exposes parents under an arrest warrant and with over $5,000 in child support debt.

Child Support and Visitation Rights

Does your co-parent’s failure to pay child support impact their rights to see the child? The answer is no. Even if your child’s other parent doesn’t keep their end of the bargain, they are still entitled to spend time with the child according to their court-ordered custody or visitation schedule.

While you can pursue legal action against your co-parent for not paying child support, you aren’t allowed to prevent visitation to enforce child support payments. This type of court order violation could cost you a heavy fine or jail time. If your case ends in a family law court, the judge may even award the other parent a larger custody share.

To sum it up, denying your co-parent’s visitation rights hurts your child and their other parent and is both unethical and illegal. Consult a child support lawyer to determine your legal options if your child’s other parent neglects their child support obligations.

Do You Need a Child Support Lawyer?

If possible, you should maintain an amicable relationship with your co-parent.  If your Texas co-parent simply denies their child’s right to financial support, a child support attorney can:

• Help you file an enforcement action in a Texas family law court
• Promote your case and work to help you receive child support more quickly
• Negotiate with your co-parent to work out a solution for owed and future child support payments
• Explore legal venues to force a non-cooperative parent to pay child support, like wage garnishment, tax refund interception, or liens against real property

However, perhaps your child’s other parent is going through genuine financial struggles and can’t pay the designated amount of support right now. An open line of communication can save you significant trouble and conflict. In this case, you can work out a new child support plan that fits their current financial situation.

Contact Our Child Support Lawyers If a Co-Parent Is Refusing to Pay Child Support in Texas

Does your co-parent violate the child support guidelines in your court order? Our skilled and experienced family lawyers at Kimbrough Family Law are here to protect your rights and represent your child’s best interests. We can help you renegotiate a payment plan with your co-parent or pursue enforcement action through a Texas family law court. To schedule a strategy session with a child support lawyer, call 833-553-4251 or contact us online.