Help With Receiving Unpaid Child Support in Texas

By Heather Frances J.D.

During divorces, Texas courts issue child-support orders to direct the noncustodial parent to pay a certain amount of support for his children. If the noncustodial parent does not pay the support as ordered, it can be difficult for the custodial parent to return to court for help enforcing the order. However, the Texas Attorney General has resources to help custodial parents collect the child support they are owed.

During divorces, Texas courts issue child-support orders to direct the noncustodial parent to pay a certain amount of support for his children. If the noncustodial parent does not pay the support as ordered, it can be difficult for the custodial parent to return to court for help enforcing the order. However, the Texas Attorney General has resources to help custodial parents collect the child support they are owed.

Office of the Attorney General

The Child Support Division of the Office of the Attorney General is available to help custodial parents enforce child-support orders and collect regular and unpaid support payments. Custodial parents can apply for these services on the Attorney General’s website or by requesting that the office mail an application form. The Child Support Division may require a copy of the divorce decree and existing support order as part of the application, along with additional information such as the noncustodial parent’s Social Security number.

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Location Services

If the custodial parent knows where the noncustodial parent lives and works, it may not be difficult for her to get the noncustodial parent to pay as ordered. However, if the custodial parent cannot locate the noncustodial parent, the Attorney General provides a range of services that include locating the noncustodial parent using government resources. Once the noncustodial parent is located, the Attorney General can pursue collection of court-ordered support.

Income Withholding

Typically, court orders contain instructions for the noncustodial parent’s employer to collect child-support payments directly from the noncustodial parent’s pay and send that money to the state for distribution to the custodial parent. The Attorney General can use income withholding to collect past-due payments, too. Employers who do not properly deduct income and report it to the state face penalties for violating Texas law.

Other Enforcement

The Attorney General has other options to help a custodial parent collect past- due support and enforce support orders. For example, the Attorney General can intercept a noncustodial parent's federal tax refund and file liens against his property. The noncustodial parent’s state-issued licenses can be suspended, including his driver’s license and professional licenses. The Attorney General may help the custodial parent go back to court to have the judge enter a contempt-of- court judgment against the noncustodial parent, and the court can put the noncustodial parent in jail.

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How to Request Arrears for Child Support in Texas

References

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California Laws on the Interception of a Tax Refund for Child Support Arrears

If you have a child support order under California law, you have the right to have the order enforced through tax refund interception. Since 1993, California's Franchise Tax Board has had the authority to enforce child support orders through the interception of tax refunds due from the state as well as the Internal Revenue Service. This, along with other remedies, are available to the custodial parent if the non-custodial parent is not paying court-ordered child support or paying less than the amount ordered.

What Do You Do in the State of Texas if the Father Is Not Paying Child Support?

Your divorce decree likely outlines the judge’s order for your ex-spouse to pay child support. While this order is usually clearly spelled out, some fathers fail to pay child support, so Texas law provides several ways to encourage -- and even force -- a parent to honor this legal obligation. These options include getting assistance from the Child Support Division of the Texas Attorney General's Office.

Can Child Support Payments Be Garnished From an Unemployment Check?

Parents are legally obligated to provide financially for their children, so courts establish child support orders as part of divorce decrees. A noncustodial parent’s obligation to pay child support does not stop because he’s unemployed, and the custodial parent or a state agency can still pursue enforcement of a child support order.

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