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.
