What to Do if You Are Not Receiving Child Support in Texas
Child support problems can be extremely difficult. In some cases, child support is genial, and the parties are willing to pay child support even without court intervention. However, many cases are much worse, and trying to get the child support you deserve can be a chore. If you are facing issues with receiving child support, talk to an attorney today. There are steps you can take to get the payments you need, and the Dallas child support lawyers at The Queenan Law Firm can help.
What to Do When You Don’t Receive Child Support
Sometimes, problems with child support may just be minor mistakes. In some cases, sending the other parent a letter or calling them might be enough to remind them. If you are on good terms with the other parent, contacting them to remind them may be all it takes. However, in most cases, you should avoid contacting them directly without an attorney. Your lawyer might have more success contacting them or using their official letterhead to get the message across that you need your payments on-time and in their full amount.
If the support is seriously behind, you should consider going to a lawyer first. When child support is seriously delayed, it is likely that the payor is attempting to avoid payment or protesting the payments by refusing to pay. Sometimes official legal action is enough to scare the payor back into paying, and a call or letter from an attorney might be necessary to accomplish this. If that doesn’t work, you might need to take your case back to court.
A court order to pay child support has force behind it. If the payor refuses to send you the money they have been ordered to pay you, they could be in violation of that court order. The court has a number of penalties and enforcement mechanisms it can use to get you the payments you need. Talk to an attorney about what the court can do to help.
As with nearly every family law issue, you should not resort to self-help. In some cases, calling the payor might be okay, but in contentious issues or bitter custody battles, it is better to let your lawyer handle it. In any case, you should not resort to more extreme measures to get the money. For instance, calling the payor’s bank, employer, or family member and trying to get the money from them would be problematic. It is also important to remember that two wrongs don’t make a right. If you aren’t receiving child support, that does not give you the right to ignore child custody orders. If you are supposed to deliver the children to the other parent’s custody, you cannot keep the kids as a threat until the child support is paid, and doing so could put you in violation of a court order as well. Instead, take your case to court and rely upon the official mechanisms the court has in place.
Court Enforcement for Child Support Orders
The court has the power to enforce its orders in many ways. There are tools such as contempt proceedings which can help ensure someone does what the court orders them to do, but there are also remedies more specific to child support cases.
If someone fails to pay their child support, they may find themselves in violation of the court’s order. That means that the injured party can take them back to court to explain to the judge that they aren’t following the order. The judge can issue various penalties to either ensure compliance or punish the non-payor. In some cases, the judge might go so far as to lock someone up in jail until they comply with the court order, especially if the judge finds that the money is there and the payor is simply refusing to follow the order.
Other mechanisms help ensure that you get your money, even if the payor refuses to pay. The most popular mechanism is wage garnishment. To garnish wages, the court orders that a portion of the payor’s paycheck or bank deposits be seized and immediately sent to the recipient to help cover the expected costs. The court can also go after bank accounts, property, and other things to help cover the costs if the payor refuses to send the checks themselves.
There are additional penalties that can help pressure someone into paying their child support. The US government may deny passports to people who won’t pay child support, and Texas may refuse to renew a driver’s license. These pressures help convince a non-payor to follow the order.
Dallas Child Support Attorneys Offering Free Consultations
If you are having trouble receiving your child support, it can be stressful. In many cases, taking the matter into your own hands will only make things worse, and you should hire an experienced child support lawyer instead. For a free consultation on your child support case, talk to a Dallas family law attorney at The Queenan Law Firm, today. Our number is (817) 476-1797.