Child Support Enforcement in Corpus Christi: Getting the Support Your Child Deserves

When a parent fails to pay child support, the consequences extend far beyond a missed payment. A child may go without necessary medical care, extracurricular opportunities, or stable housing. The custodial parent may struggle to make ends meet, juggling bills and sacrificing their own needs to provide for their child. Meanwhile, the non-paying parent may continue to accumulate arrears, believing that distance, time, or simply ignoring the problem will make it go away. But in Texas, child support enforcement is a serious matter, and the tools available to collect overdue support are powerful and effective.

At Barton & Associates, Attorneys at Law, we represent custodial parents throughout Corpus Christi and the Coastal Bend who are owed child support. Whether you are dealing with sporadic payments, a parent who has stopped paying entirely, or a parent who has moved out of state to avoid their obligations, we have the experience and the resources to help you collect the support your child deserves. With a deep understanding of the Nueces County family district courts—including the 148th, 214th, 347th, and 319th District Courts—as well as the enforcement tools available through the Texas Attorney General’s Child Support Division, we work tirelessly to hold non-paying parents accountable.

Why Child Support Enforcement Matters

Child support is not a gift or a favor. It is a legal obligation, rooted in the fundamental principle that both parents share responsibility for their child’s financial well-being. When a parent fails to meet that obligation, the consequences are felt most acutely by the child. Studies have shown that consistent child support payments are associated with better educational outcomes, improved health, and greater economic stability for children.

Beyond the immediate financial impact, enforcement of child support orders serves a broader purpose: it upholds the integrity of the court system. When one parent ignores a court order, it undermines the authority of the court and sends a message that legal obligations can be disregarded without consequence. Effective enforcement ensures that court orders are respected and that parents who fail to meet their obligations are held accountable.

At Barton & Associates, we understand that pursuing child support enforcement can feel overwhelming, especially if you are already struggling financially. We are here to help you navigate the process, from gathering documentation to filing motions and appearing in court. Our goal is to secure the support your child needs as efficiently and effectively as possible.

The Texas Attorney General’s Child Support Division

The Texas Attorney General’s Child Support Division is the primary agency responsible for child support enforcement in Texas. The Attorney General’s office has broad powers to locate non-paying parents, establish paternity, establish and enforce support orders, and collect payments. For many custodial parents, the Attorney General’s office provides valuable services at no cost.

The Attorney General’s office can pursue a range of enforcement actions, including:

• Income withholding: The office can order that child support be deducted directly from the non-paying parent’s paycheck, often without the need for a court hearing.

• License suspension: The office can initiate proceedings to suspend the non-paying parent’s driver’s license, professional licenses, and even hunting and fishing licenses.

• Tax refund intercept: The office can intercept federal and state tax refunds and apply them to child support arrears.

• Passport denial: Parents who owe more than $2,500 in child support are ineligible for a U.S. passport.

• Bank account levies: The office can seek court orders to levy bank accounts and seize funds to satisfy arrears.

• Credit bureau reporting: The office reports child support arrears to credit bureaus, which can affect the non-paying parent’s credit score and ability to obtain loans or housing.

• Contempt proceedings: The office can file motions for contempt in the district courts, seeking fines, attorney’s fees, and even incarceration for willful non-payment.

While the Attorney General’s office provides important services, there are limitations to what the state can do. The office handles a high volume of cases and may not be able to provide the individualized attention that complex cases require. Additionally, the office’s primary client is the State of Texas, not the individual custodial parent. For custodial parents seeking more aggressive enforcement or dealing with complex circumstances—such as a parent who is self-employed, has assets in another state, or is deliberately hiding income—private counsel can often achieve faster, more effective results.

Civil Contempt: A Powerful Enforcement Tool

One of the most effective enforcement tools available to custodial parents is a motion for civil contempt. Civil contempt is a court proceeding in which the judge determines whether the non-paying parent has willfully failed to comply with a child support order. If the court finds that the parent had the ability to pay but chose not to, the parent can be held in contempt.

The consequences of contempt can be severe:

• Incarceration: The court can order the parent to be confined in the Nueces County Jail until they pay a specified amount toward the arrears or come into compliance with the support order. This is often referred to as “purge” incarceration—the parent can secure their release by making a payment.

• Fines: The court can impose a fine for each violation of the support order.

• Attorney’s fees: The court can order the non-paying parent to pay the custodial parent’s attorney’s fees incurred in bringing the contempt action.

• Make-up payments: The court can order the parent to make additional payments to catch up on arrears.

Civil contempt is a powerful tool because it directly targets the parent’s liberty. For a parent who has been ignoring their support obligation, the prospect of jail time is often sufficient to motivate compliance. However, contempt proceedings require careful preparation. The custodial parent must present evidence of the support order, the payments that were due, the payments that were made, and the parent’s ability to pay.

At Barton & Associates, we have extensive experience filing and prosecuting motions for contempt in the Nueces County district courts. We gather the necessary documentation, prepare persuasive evidence, and present your case effectively to the court.

Locating a Parent Who Has Moved or Is Hiding

One of the biggest challenges in child support enforcement is locating a parent who has moved out of state or is deliberately hiding to avoid their obligations. When a parent relocates, it can be difficult to know where to serve legal papers, where to seek enforcement, or how to collect payments.

The Texas Attorney General’s Child Support Division has access to a range of location tools, including federal and state databases, employment records, and financial records. However, private counsel can also be effective in locating a parent, particularly when the parent has assets or income that the Attorney General’s office may not have identified.

If the non-paying parent has moved out of Texas, enforcement becomes an interstate matter governed by the Uniform Interstate Family Support Act (UIFSA). Under UIFSA, a Texas child support order can be registered in the state where the parent now resides, and enforcement actions can be pursued in that state’s courts. This process can be complex, but it is essential for parents who are trying to collect support from a parent who has left Texas.

Our attorneys have experience handling interstate enforcement cases. We can assist with registering your order in another state, coordinating with out-of-state enforcement agencies, and pursuing contempt or other enforcement actions across state lines.

Enforcing Child Support Against Self-Employed Parents

Parents who are self-employed or who own their own businesses can be particularly difficult to enforce child support against. Unlike traditional employees, self-employed parents do not have wages that can be withheld. They may have variable income, and they may have the ability to hide income or assets through their business structures.

When pursuing enforcement against a self-employed parent, it is essential to gather evidence of the parent’s true income and assets. This may involve:

• Reviewing tax returns: Personal and business tax returns can reveal the parent’s income, deductions, and business expenses.

• Analyzing bank statements: Business and personal bank accounts can show deposits, transfers, and spending patterns.

• Examining business records: Invoices, contracts, and other business records can demonstrate the parent’s income and the viability of the business.

• Depositions: In some cases, deposing the parent or their business associates may be necessary to uncover hidden income or assets.

If a self-employed parent is deliberately underreporting income or hiding assets, the court can impute income based on the parent’s earning capacity. This means that the court can set child support based on what the parent could be earning, rather than what they are claiming to earn.

At Barton & Associates, we have experience handling complex enforcement cases involving self-employed parents. We work with forensic accountants and financial experts when necessary to uncover hidden income and build a compelling case for enforcement.

Enforcement When the Parent Has Assets but No Wages

Some non-paying parents have significant assets—such as investment accounts, real estate, or valuable personal property—but do not have regular wages that can be withheld. In these cases, traditional income withholding may not be effective, but other enforcement tools are available.

The court can order the seizure of bank accounts, investment accounts, and other financial assets to satisfy child support arrears. The court can also place liens on real property, preventing the parent from selling or refinancing the property until the arrears are paid. In some cases, the court can order the sale of assets to satisfy the support obligation.

If the parent has a retirement account, such as a 401(k) or pension, the court may be able to access those funds through a Qualified Domestic Relations Order (QDRO). While QDROs are most commonly associated with dividing retirement assets in divorce, they can also be used to satisfy child support obligations.

Our attorneys understand the full range of enforcement tools available and can help you identify which strategies are most likely to succeed based on the non-paying parent’s specific financial situation.

The Role of the Nueces County District Courts

Child support enforcement actions in Corpus Christi are typically handled in the family district courts: the 148th, 214th, 347th, and 319th District Courts. These courts have jurisdiction over child support matters and have the authority to issue a wide range of enforcement orders.

When we file a motion for enforcement, we prepare all necessary documentation, including a detailed accounting of payments received, payments missed, and the current arrears balance. We serve the motion on the non-paying parent and set the matter for hearing. At the hearing, we present evidence of the parent’s failure to pay and their ability to pay.

If the parent appears and is found to be in contempt, the court can impose sanctions immediately. If the parent does not appear, the court may issue a capias—a warrant for the parent’s arrest—and the parent may be taken into custody when located.

The Nueces County district courts take child support enforcement seriously. Judges in these courts regularly hold parents in contempt for willful failure to pay, and they are not hesitant to impose jail time when appropriate. For custodial parents who have been struggling to collect support, the courts can provide a powerful remedy.

Enforcement of Arrears After the Child Reaches Adulthood

One common misconception is that child support arrears disappear when the child turns 18 or graduates from high school. This is not the case. While the ongoing support obligation terminates at that point, any unpaid arrears remain enforceable indefinitely.

Under Texas law, there is no statute of limitations on child support arrears. Interest continues to accrue on unpaid amounts at a rate of six percent per year. The custodial parent or the Attorney General’s office can continue to pursue collection through wage withholding, bank account levies, tax refund intercepts, license suspension, and other enforcement mechanisms for as long as the arrears remain unpaid.

If you are owed child support arrears, even if your child is now an adult, you have the right to pursue collection. Our attorneys can help you evaluate your options and pursue enforcement of the arrears balance.

Defenses to Child Support Enforcement

While we primarily represent custodial parents seeking enforcement, we also represent non-custodial parents who are facing enforcement actions. If you are facing a contempt motion or other enforcement action, it is important to understand that there are defenses available.

Common defenses to child support enforcement include:

• Lack of ability to pay: If you did not have the financial resources to pay the support, you cannot be held in contempt. This defense requires evidence of your financial circumstances, such as proof of job loss, medical conditions, or other circumstances that affected your ability to pay.

• Lack of willfulness: Civil contempt requires that the failure to pay was willful. If your failure was due to circumstances beyond your control, contempt may not be appropriate.

• Mistake or error: If the amount of arrears claimed is incorrect due to clerical errors, misapplied payments, or other mistakes, the enforcement action may be defeated or reduced.

• Pending modification: If you have filed a petition to modify the support order, the court may stay enforcement proceedings pending the outcome of the modification.

If you are facing enforcement actions, it is essential to seek legal representation promptly. Failure to appear in court can result in a warrant for your arrest, and the consequences of a contempt finding can be severe.

Frequently Asked Questions About Child Support Enforcement

How do I start the child support enforcement process?

If you are owed child support, you have two primary options. You can contact the Texas Attorney General’s Child Support Division to request enforcement assistance. Alternatively, you can retain private counsel to file a motion for enforcement in the district court. Private counsel can often achieve faster, more aggressive results, particularly in complex cases.

How long does child support enforcement take?

The timeline for enforcement varies depending on the complexity of the case and the cooperation of the non-paying parent. A simple contempt motion may be resolved in a matter of weeks or months. More complex cases, particularly those involving self-employed parents or interstate issues, may take longer. Our goal is to move your case forward as efficiently as possible.

Can the other parent go to jail for not paying child support?

Yes. If a parent willfully fails to pay child support, the court can hold them in civil contempt and order them incarcerated until they pay a specified amount or come into compliance with the support order. This is a powerful enforcement tool that motivates many parents to pay.

What if the other parent lives in another state?

If the non-paying parent lives in another state, your Texas child support order can be registered in that state under the Uniform Interstate Family Support Act (UIFSA). Once registered, enforcement actions can be pursued in that state’s courts. Our attorneys have experience handling interstate enforcement cases.

Can child support be enforced against a parent who is self-employed?

Yes. While enforcing against self-employed parents can be more complex, the court has tools to collect support, including bank account levies, asset seizures, and contempt proceedings. In some cases, the court may impute income based on the parent’s earning capacity.

What if the other parent is hiding their income?

If you suspect that the other parent is hiding income, we can use discovery tools—including interrogatories, requests for production, and depositions—to uncover hidden assets and income. In complex cases, we may work with forensic accountants to trace assets and build a case for enforcement.

Can I get my attorney’s fees paid by the other parent?

Yes. If the court finds that the other parent has willfully failed to pay child support, the court can order that parent to pay your reasonable attorney’s fees incurred in the enforcement action. This can significantly reduce the financial burden of pursuing enforcement.

What if the other parent has no income?

If the other parent has no income and no ability to pay, enforcement may be difficult. However, if the parent is intentionally unemployed or underemployed, the court may impute income based on the parent’s earning capacity. Additionally, the parent may be held in contempt if they have the ability to work but choose not to.

How long do I have to collect child support arrears?

In Texas, there is no statute of limitations on child support arrears. You can pursue collection of arrears indefinitely. Interest continues to accrue on unpaid amounts at a rate of six percent per year.

What if the non-paying parent files for bankruptcy?

Child support arrears are not dischargeable in bankruptcy. Under federal bankruptcy law, child support obligations are considered priority debts that cannot be eliminated through bankruptcy. Filing for bankruptcy does not erase the obligation to pay child support.

Why Barton & Associates Is the Right Choice for Child Support Enforcement

Child support enforcement can be a frustrating, time-consuming process. The non-paying parent may ignore your calls, move without leaving a forwarding address, or hide their income and assets. You may feel like you are fighting alone against a system that moves too slowly. But you do not have to face this alone.

At Barton & Associates, Attorneys at Law, we are committed to helping custodial parents collect the support their children deserve. We have extensive experience in the Nueces County district courts and with the Texas Attorney General’s Child Support Division. We know the procedures, the judges, and the strategies that work. Whether we are filing a motion for contempt, pursuing interstate enforcement, or working with financial experts to uncover hidden income, we are relentless in our pursuit of the support you are owed.

Our reputation in the Corpus Christi legal community is built on integrity, diligence, and results. We take pride in helping families secure the financial stability they need to thrive.

Take Action to Collect the Support Your Child Deserves

If you are owed child support, every day you wait is another day that your child goes without the financial support they deserve. Arrears continue to accumulate, and the non-paying parent may be using that time to hide assets or evade responsibility. Do not wait to take action.

Contact the experienced family law attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you enforce your child support order and secure the financial future your child deserves.

Main Category: Family Law Corpus Christi
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780