The Houston Family Law Blog


What Happens If a Person Doesn't Pay Child Support?

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Unpaid child support is a huge problem in the state of Texas and all over the United States. FindLaw states that only about half of the parents entitled to receive child support actually receive the full amount that is due, as reported by The Census Bureau. One quarter of the parents end up not receiving child support money at all, where the other quarter of parents not receiving the full amount of ordered child support receive only partial payments.

But what exactly happens when a person defies a court order and doesn't pay the child support? A number of things could occur, the worst being that the person who owes child support ends up in jail; as not paying child support is a criminal matter. However, jail time is usually a last resort. A Texas judge would usually prefer to keep the child support payer out of jail, so that he or she could earn income and pay the support.

FindLaw states that a wage deduction order is often mandated for those who are behind on child support payments. This is when a court orders an employer to send a portion of the obligor-parent's wages to a state agency, which then sends the money to the parent that is supposed to be receiving the child support payments. State agencies are also sometimes able to intercept federal or state tax refunds from the obligor-parent and give a portion of the refund to the parent who has custody of the child.

There are several places that a person can go if they're looking for assistance with collecting past-due child support payments. District attorneys must help with collecting child support under the Child Support Enforcement Act of 1984, meaning that a district attorney will often serve papers requiring an ex spouse to arrange a payment schedule. If the spouse refuses to pay, then he or she could face criminal charges. Texas family law attorneys occasionally help out with the collection process of child support.

Related Resources:

  • Assistance in Enforcing Child Support Orders (FindLaw Bookshelf)
  • The Economy's Effect on Child Support Payments (FindLaw Knowledgebase)
  • Texas Family Law Attorneys Directory  (FindLaw)

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