What Happens If Someone Doesn't Pay Child Support in Texas?
If you receive child support in Texas, you might be wondering what happens if a payment is missed. It’s important that you understand your support order entirely. You may receive child support due to a divorce, a paternity case, or some other type of custody case. But no matter the nature of your case, you’ll want to know just how child support orders work in Texas. Doing this will ensure that your child receives the resources they need.
Child support: How does it work in Texas?
The guideline for child support in Texas is pretty straightforward: the support is calculated based on the net monthly income of the parent responsible for paying support. The decision for who pays child support is often based on physical custody, which is the time a parent spends with the child(ren). In Texas, typically the non-custodial parent, the parent who spends the least amount of time with the child(ren), is responsible for paying child support.
All income is considered with child support. This may include
All wages such as salary, commissions, military pay, tips, overtime, and bonuses
Net rental income
Self-employment income
Interest and dividends
Retirement benefits
Veteran’s benefits
Disability benefits
Worker’s compensation awards
Severance pay
If the net monthly income isn’t above or below a certain threshold, the child support percentages are 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 children.
Child support in Texas is enforced by the Texas Office of the Attorney General.
What to do if you haven’t received child support payments in Texas
There are two ways to handle missed child support payments. You can either go through the Texas Office of the Attorney General (OAG) to enforce the issue or you can file an independent child support enforcement case through the court.
It is typically advised that you go through the Texas OAG to enforce child support. However, there are certain circumstances in which you may want to pursue an independent case.
When to file an independent case
You may want to file an independent case in the event that you need speedy results. The Texas OAG is often juggling a large caseload, so if you need fast results, filing an independent case may be your best option. Another reason to pursue an independent case is if the delinquent payor is also violating other orders.
Advantages of the Texas OAG
It’s important to recognize that the Texas Office of the Attorney General can take certain enforcement measures that the courts cannot take. This is why it’s advised that you go through the Texas OAG for support disputes. Those enforcement measures include:
Suspending the delinquent payor’s license until they’ve caught up on payments
Void their passport
Place liens on assets like their property or bank accounts until they’re caught up on payments
Intercept lottery winnings
Hurt their credit score by reporting them to the credit bureaus
Need help?
Hire an experienced Texas family law attorney immediately. We’re Proffitt & Associates, and we have your back. We specialize in family law in Houston and the greater Houston area. Request your free consultation today.