Legal Question in Family Law in Texas

Re: child support enforcement and review

If you are in the Houston area call me. I will not charge you to tell you the procedure, it must be done correctly.

Re: child support enforcement and review

There are several ways to collect child support. If you have withholding order, the first thing to do is to serve it on the obligor's employer. This gets current support flowing and prevents any further arrearage. To collect back support including interest you can hire a private attorney, enlist the Attorney General, or you could do it yourself. If you sign up with the attorney general, prepare to wait some time before your case is finally pursued. A private attorney will work much quicker in getting your obligor before the court. First, a motion is filed in the county where the child support order was originally ordered (or where the case is now, if transferred). Second, the Judge signs the attorney prepared notice to appear commanding the obligor to appear at a date and time certain. The rules say that the obligor (person who is supposed to pay support) is entitled to 10 days notice. In reality it normally takes 20 to 30 days to get before the Court. The Motion and the Notice of Hearing (sometimes these are in the same document) are then served on the non-paying obligor. Filing fees for the motion are normally $15 for the filing, $8 for the notice, and anywhere from $40 to $60 for service of process. The fees in your county may vary. After the obligor is served, he must appear at the hearing or face a warrant being issued if he fails to appear. The first thing that most obligors ask for is time to hire an attorney and this "continuance" is routinely granted. The obligor is sworn in by the Court and ordered to return at a later date, usually within a few weeks. If contempt is sought, the Court will admonish the obligor about his rights. When the hearing on the merits is finally had, the presentation is straightforward and brief. Your attorney may introduce the payment record from the clerk's office to prove non-payment. The burden then shifts to the obligor to show that the child support payments have been made. The Judge will then decide if punishment is in order and may order the obligor directly to jail. The Court will probably make a finding of the amount of back support owed and make a clear order for how it is to be repaid. Probation may also be granted. The Court may assess attorneys fees and court costs as well as a fine. Most of the time when a party goes to jail, he or she must pay the arrears (or a portion), the attorneys fees, and the court costs just to gain freedom from jail. Keep in mind that sometimes a motion to enforce is met with a reciprocal motion saying that you have also violated the order. This is what I call a "leverage" motion.

If you are in the DFW area (Dallas, Denton, Tarrant, or Collin Counties) please give me a call at (972) 481-7990 to discuss this issue and the facts of your case.