The court cannot enforce child support without an enforceable court order.
However, if there is a properly drafted court order that contains a child support obligation, then that child support obligation can be enforced. (It is imperative that the obligee seek competent legal counsel to ensure a proper child support obligation is established in the court order.) Basically, the obligee files a motion with the court to enforce the child support obligation, and enforcement proceedings against the obligor commences.
If there is no court order in place, the proposed obligee should consult with an attorney or contact the Office of the Attorney General with assistance in obtaining a court order to establish child support.
What if I’m the obligor but I can’t pay my child support?
If you have been paying your child support and the amount is overwhelming, you should consult with an attorney familiar with the Texas Family Code child support provisions to determine if you are paying the correct guideline child support amount based on your situation. If an enforcement is filed against you, there is the possibility that you can serve jail time for the nonpayment of your court ordered child support obligation. The court can also order your professional licenses suspended and place a hold on your passport so that you will be unable to travel internationally. Your bank accounts can even be garnished and your tax refunds can be intercepted. There are a lot of serious consequences if you do not pay. You should consult with an attorney as soon as the difficultly paying arises, rather than later. As the old saying goes, “An ounce of prevention is worth a pound of cure.”
Let an experienced, Southlake Divorce Lawyer help you through your divorce or family law matter.
The Justice Law Firm in Southlake, Texas is dedicated to helping individuals in Southlake and the surrounding areas with Divorce and Family Law issues. At the Justice Law Firm, you will find experienced and professional divorce attorneys.