Securing Your Child’s Financial Support: Aggressive Child Support Enforcement in Texas

When Child Support Goes Unpaid: Taking Legal Action to Protect Your Child

A court-ordered child support obligation is not a suggestion—it is a legal mandate designed to ensure your child’s basic needs are met. When payments are late, incomplete, or stop altogether, the financial and emotional strain on the receiving parent and the child can be immense. At Barton & Associates, Attorneys at Law, our San Antonio child support enforcement attorneys are dedicated to holding delinquent parents accountable. We understand the frustration and hardship caused by unpaid support, and we provide aggressive, effective legal strategies to enforce court orders, collect overdue payments, and secure your child’s financial future.

The State of Texas, through the Office of the Attorney General (OAG), has powerful administrative tools to enforce child support, including wage withholding, license suspension, and tax refund interception. However, these automated systems are not always swift or comprehensive, especially in complex cases involving self-employment, hidden income, or parents living out of state. Furthermore, the OAG may not prioritize the enforcement of add-on expenses like uncovered medical costs or extracurricular activities. Our private enforcement practice complements state efforts by providing personalized, proactive legal action. We work directly for you to file immediate contempt motions, conduct asset investigations, and leverage every available legal remedy to compel compliance and recover what is rightfully owed to your child.

Understanding Child Support Enforcement in Texas: Legal Tools and Remedies

Texas law provides a robust toolkit for enforcing child support orders. The appropriate remedy depends on the specific circumstances of the delinquency.

1. Motion for Enforcement (Contempt of Court)

This is one of the most direct and powerful legal actions. By filing a Motion for Enforcement, you ask the court to hold the obligor (the parent ordered to pay) in contempt for willfully disobeying a court order. If found in contempt, the obligor can face severe consequences:

• Coercive Jail Time: The court can impose a jail sentence (typically up to 6 months per violation) that is often suspended on the condition that the obligor makes all past-due and ongoing payments. This “coercive” confinement is designed to compel payment.
• Monetary Judgments: The court will enter a judgment for the total amount of arrears (past-due support), which accrues interest at 6% per year.
• Attorney’s Fees: The court can order the non-compliant parent to pay your reasonable attorney’s fees and court costs.
• Additional Conditions: The court may impose other conditions, such as requiring the obligor to seek employment, post a bond, or participate in job training programs.

2. Income Withholding (Wage Garnishment)

The most common enforcement tool is an income withholding order. This requires the obligor’s employer to deduct child support directly from their paycheck and remit it to the state disbursement unit. If this is not already in place or if the obligor changes jobs, we can secure and serve a new order.

3. Liens and Levies on Property

Once a judgment for arrears is entered, it becomes a lien on the obligor’s real property in Texas. We can also seek writs of garnishment to freeze and seize funds from bank accounts or other assets held by third parties.

4. License Suspension and Denial

Texas can suspend or deny the issuance of various licenses for non-payment of child support, including:

• Driver’s License
• Professional and Occupational Licenses (e.g., medical, law, real estate, plumbing)
• Recreational Licenses (hunting and fishing)

5. Credit Bureau Reporting

Significant child support arrears can be reported to credit bureaus, damaging the obligor’s credit score and ability to obtain loans.

6. Passport Denial and Federal Offset

For arrears exceeding $2,500, the case can be referred to the federal government for interception of federal tax refunds and denial or revocation of a U.S. passport.

The Critical Role of a Private Attorney in Complex Enforcement Cases

While the OAG provides essential services, a private attorney offers distinct advantages, particularly in challenging situations:

• Speed and Personalized Attention: We act on your timeline, filing motions immediately without being constrained by a state agency’s caseload.
• Complex Income Cases: We are skilled at investigating and proving income for self-employed individuals, business owners, contractors, and those who hide income through cash payments or under-the-table work. We can employ forensic accounting and subpoena business records.
• Enforcement of “Add-On” Expenses: We ensure that court-ordered obligations for health insurance premiums, uninsured medical expenses, childcare costs, and extracurricular activities are also enforced, not just the base child support amount.
• Interstate Enforcement: Using the Uniform Interstate Family Support Act (UIFSA), we can pursue enforcement against obligors living in other states by registering the Texas order in the foreign state and initiating proceedings there.
• Defending Against Frivolous Modifications: Often, when faced with enforcement, an obligor will file a motion to reduce support. We can simultaneously defend against an unjustified modification while aggressively pursuing enforcement of the existing order.

The Barton & Associates Enforcement Strategy: A Methodical Approach

We believe in a systematic, pressure-based approach to compel compliance and recover funds for your child.

1. Comprehensive Case Evaluation & Arrears Calculation

We begin by obtaining a complete payment history from the state and reviewing your court order. We calculate the exact total of past-due support, including interest, and identify any patterns of non-payment.

2. Direct Demand & Negotiation

Before filing costly motions, we often send a formal demand letter from our firm to the obligor. This letter outlines the total arrears, the imminent legal consequences of non-payment, and a firm deadline for payment or contact to arrange a settlement. This step alone can sometimes resolve the matter.

3. Aggressive Litigation for Contempt and Judgment

If the demand is ignored, we promptly prepare and file a Motion for Enforcement. We meticulously prepare the enforcement pleadings, ensuring every missed payment is documented. We represent you at the contempt hearing, presenting clear evidence of the obligor’s ability to pay and willful violation of the order, seeking the maximum allowable relief.

4. Post-Judgment Collection Actions

Securing a judgment for arrears is a victory, but it must be collected. We employ post-judgment collection tools, including:

• Discovery in Aid of Judgment: We can conduct depositions and subpoena records to locate the obligor’s bank accounts, employment, and other assets.
• Writs of Garnishment: To seize funds from bank accounts or wages from a new employer.
• Abstract of Judgment: To place a lien on any real property the obligor owns in Texas.

Defending Against Enforcement Actions

We also represent obligors who are facing enforcement proceedings due to a genuine inability to pay, such as job loss or disability. In these cases, our strategy focuses on:

• Proving a material and substantial change in circumstances.
• Seeking a retroactive modification of the support obligation to reduce or suspend arrears.
• Negotiating manageable payment plans to avoid contempt sanctions.
• Protecting clients from inappropriate license suspension or incarceration when they are making good-faith efforts.

Why Choose Barton & Associates for Child Support Enforcement?

• Relentless Advocacy: We treat unpaid child support as a direct threat to your child’s welfare and pursue every legal avenue with determination.
• Financial Investigation Skills: We know how to uncover hidden income and assets that state agencies may miss.
• Courtroom Experience: We are comfortable and effective in contempt hearings, presenting clear, persuasive cases to judges.
• Focus on Your Child’s Needs: We keep the focus on the tangible impact of unpaid support—whether it’s school supplies, healthcare, or a stable home—to strengthen our arguments in court.

Take Action to Secure the Support Your Child Deserves

Every day that child support goes unpaid, your child’s financial security is compromised. While enforcement can feel daunting, you do not have to navigate it alone or rely solely on overburdened state systems.

Contact Barton & Associates today for a confidential review of your child support enforcement case. Call our San Antonio office at 210-500-0000 to speak with an experienced attorney. Let us put the full force of the law behind you to collect the support that is critical for your child’s well-being. Your child’s future should not be held hostage by non-payment.

Main Category: Family Law
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000