Texas has zero tolerance for fathers (or mothers) who deliberately engage in child support evasion. The laws are strict, and the punishments for failing to pay can be harsh.
Despite this, over 400,000 parents neglect to make child support payments in Texas each year.
If the father is not paying child support payments on time or owes back pay, you’re not alone — you have rights, and there are steps you can take to enforce them.
You may have questions like “How long can you go without paying child support in Texas?” or “Can a mother sue a father for child support?” Here, we’ll cover them all.
Child Support Laws in Texas
Texas courts can order either one of the parents or both to pay child support. However, in most instances, the non-custodial parent, the one who does not have the exclusive right to determine the primary residence of the child, will be ordered to pay support.
There are two sets of child support guidelines, one set applies to low-income households when the obligor’s net income is less than $1,000 per month. The second set applies to all other households. Child support pursuant to the ordinary income guidelines for one child is calculated at 20 percent of the net income of the non-custodial parent. For each additional child, another 5 percent is added, up to 40%. Payments usually continue for each child until they reach the age of 18 or graduate from high school, whichever occurs later. Payments can be shorter or longer, depending on certain circumstances.
A medically dependent child, for example, or one who is mentally disabled, may require child support for life. Or, if a child is adopted by a step-parent, child support payments from the non-custodial birth parent may end.
If the non-custodial parent’s financial circumstances change, such as a promotion or job loss, the payments can be adjusted accordingly. If the parent is injured, disabled, or incarcerated, payments may also be modified.
The bottom line is that there are standards for how child support payments are calculated, but the courts can take your unique circumstances into consideration when making decisions about child support. Once the payments are ordered, the payor is legally obligated to make them on time.
How to Enforce Child Support Payments
If the father or mother of your child is not paying child support or owes back pay, you need to take immediate action. The sooner, the better, so the payments don’t get backed up even further.
There are legal penalties for the non-custodial parent not paying child support, but your first step is to contact a child support attorney. Texas takes child support seriously, but the system is backlogged and busy. If you don’t have an attorney speaking on your behalf and moving your case forward, you may lose valuable time and wait that much longer to receive your payments.
The next step is to discuss your options to see if the payments simply need to be enforced or the amount of support modified. It’s possible that your ex is genuinely having trouble making their payments. We can help facilitate a rational conversation with the Office of the Attorney General and your ex to try and find a solution that suits everyone involved.
If that doesn’t work, we can file an enforcement action with the courts. If that happens, the judge may find your ex in contempt of court for failing to pay child support, place them on community supervision, impose a fine, or order a combination of those penalties.
Once a child support warrant in Texas is issued, you may have a third option: the Attorney General of Texas Child Support Evaders program. To qualify for the Child Support Evaders Program, the following criteria must be met. Your ex must:
- Have an arrest warrant issued.
- Owe $5,000 or more in child support.
- Be at least six months behind in payments.
- Be avoiding apprehension by the police.
Penalties for Parents Who Don’t Pay Child Support
The Attorney General has a large arsenal of tools to help collect back payments owed and punish parents who are extremely behind on their payments, including:
- License suspension of over 60 licenses, including drivers, professional, and recreational
- Passport denial
- Liens on property, bank accounts, and retirement plans
- Reporting to the credit bureaus
- Intercepting paychecks, lottery winnings or tax refunds, and
- Civil fines or jail time
In addition, a 6-percent interest charge is added yearly to all unpaid child support payments until the payments are caught up and paid in full.
Get Help Now
If you’re ready to start collecting the child support owed to you, contact our offices for a consultation today.