Enforcing a Support Order in Texas
Once a final order regarding child support is issued from a court, all parties involved are legally bound to comply with the order’s provisions. It is not uncommon for the obligor of the suit to disregard their duty to make court-ordered support payments. The most common example is where the obligor fails to pay the ordered monthly support payment. Parties that are not in compliance with court order can have an enforcement action filed against them in the court. An enforcement action can be brought by a conservator entitled to the child support payment under a current court order.
A child support order can be enforced using a variety of methods. Each of the enforcement methods are not mutually exclusive and can be used in a combination depending on the factual circumstances of your case. Each enforcement method will provide a different type of remedial relief. Depending on the facts of your case, there may be several methods available to obtain relief for non-compliance of court-ordered support payments. Enforcement of a child support order can be done by the following methods:
Contempt is a method to enforce child support payments ordered by the court. Contempt is available whenever a party violates a possession or access order. Contempt is a type of punishment for misconduct and can be punished by fine, community supervision, or jail time. If a court finds a party in contempt, the party can face jail time of up to six months, a fine up to $500, or both, depending on the circumstances.
Clarification of an order can be sought when the language regarding possession or access is not specific enough to enforce by contempt. By filing a motion to clarify, a court can clear up any ambiguous provisions relating to possession or access of a child. The purpose of clarifying an already-existing order is so it can be enforced by contempt in the future.
- Wage withholding
- Confirmation of arrearages as judgment
- Judicial writ of withholding
- Child support lien
- Levy on financial institutions
A petition for license suspension can be filed after an enforcement order has been rendered by the court. At that point, the person found in contempt can have their occupational, recreational, and motor-vehicle licenses suspended.
If you are party facing difficulties in following or receiving court-ordered support payments, please do not hesitate to contact our firm today. Our The Wright Firm, LLP Attorneys can answer any questions or concerns you may have regarding child support issues. Please contact us at (972) 353-4600 or call us toll free at 1-877-353-4600.