Payment of child support is a matter that the Texas Attorney General takes very seriously. The obligation that a person accepts with a new birth to provide support lasts while the child is growing up, and absence from the home where the child lives does not make a difference.

Enforcing the Law

Fairness and decency require both parents to take an active role in the life of a child by providing custodial care, financial and medical support, or a combination of all forms of support. To make sure that child support is provided as ordered, Texas law has strict enforcement measures, including:

• withholding of income from wages
• a legal judgment to obtain past due support payments
• access to income from tax refunds, winnings from a lottery, and benefits of unemployment insurance
• liens against financial holdings or real estate
• suspension of licenses
• issuance of contempt of court charges
• passport restrictions
• jail

The laws allow authorities to impose penalties to make a person comply with the law. Some measures may seem extreme, reflecting the importance of securing funds that ensure the welfare of a child. Wage garnishment has a history of effective collection of funds, but the methods now included in Texas law add more approaches that are highly successful as well.

Taking Action

The law is on your side when your child does not receive the support they need as ordered by the court. You can face a battle to get it, however, and an Arlington divorce attorney is your best ally.

As a single parent, you need a lawyer who can provide an aggressive approach to child support collection. The attorneys at the Law Offices of David Kohm know how to use the tools provided by Texas law to get the support that your children are entitled to receive. Your situation is not likely to improve until you take steps to initiate action. Call 817-204-0900 to schedule an appointment for aggressive representation—all first consultations are free.

The Law Offices of David Kohm has assisted hundreds of single parents collect past due child support payments over the past two decades. A marriage or relationship may end, but the monetary costs of raising a child do not. Mortgage and rent, food, utilities, clothing, school expenses, and even medical costs remain. These costs make collecting child support a high priority for the single parent with child custody.

Texas determines the amount of child support by a percentage of the noncustodial parent’s income. In a very general sense, the noncustodial parent will pay between 20 and 40%, depending on the number of children involved.

Note: If child support has not been established, it is imperative for the custodial parent to obtain an order for support. If necessary, a paternity proceeding can be initiated.

If the custodial parent is not receiving child support on a regular basis, there are means of collecting the past due amount. In Texas, payments are past due if not paid within 30 days. As child support is normally a monthly obligation, any payment more than 30 days past due can trigger other collection methods. Hiring an experienced Arlington divorce attorney can help in this regard.

Among the means of collecting support include:

• A wage withholding order – this is a form of garnishment in which child support is taken from the other parent’s paycheck. Wage withholding orders are common for collection of child support.
• Garnishment of bank accounts or personal property – If the support obligor is not paying, seizure of funds in a financial account is possible.
• Interception of income tax refunds – both federal and state income tax refunds may be taken to pay past due amounts.
• Liens filed against real estate owned by the obligor

In extreme cases, a court may order the obligor to jail for contempt, as failure to pay is a violation of a court order.

A court will apply interest to past due amounts. If a parent has not established paternity, time may be important. If a person is presumed to be a parent, the custodial parent may only have 4 years to file a paternity petition. Contacting Attorney David Kohm or his associates at 817-204-0900 is a good first step at collecting the child support you need.