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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 Legal, a child support lawyer in Austin, TX, explains how child support works in the state and what you can do if your co-parent isn’t paying support.
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:
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 TANF (Temporary Assistance for Needy Families) 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.
Texas parents who neglect their child support obligations may face severe penalties, including:
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.
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.
If possible, you should maintain an amicable relationship with your co-parent. An open line of communication can save you significant trouble and conflict. Perhaps your child’s other parent is going through genuine financial struggles and can’t pay the designated amount of support right now. In this case, you can work out a new child support plan that fits their current financial situation.
However, if your co-parent simply denies their child’s right to financial support, a child support attorney can:
Does your co-parent violate the child support guidelines in your court order? Our skilled and experienced family lawyers 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 Texas child support lawyer, call 833-553-4251 or contact us online.
Kimbrough Legal, PLLC
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