When your ex refuses to pay child support, you might feel stressed and frustrated. This situation puts a financial burden on you and adds emotional pressure as you work extra to provide for your child. Texas offers legal solutions to address non-payment, so you should know your options and the steps to take to meet your child’s needs.
1. Talk First
Even though it might look like a clear starting point, you should first try to talk to your ex. At times, people get behind on child support payments because of short-term money problems, confusion about how to pay, or other personal stuff. A relaxed chat could fix the issue without needing to go to court. If this doesn’t help, or if your ex won’t even talk about it, then you might need to take the next step.
2. Get a Child Support Order
If you don’t have a child support order yet, you need to take action to get one in place. Without a court order, your ex has no legal duty to pay child support, so you can’t force payment. You can do this by asking for child support through the Office of the Attorney General (OAG), which sets up child support orders. They can look at your case and start a lawsuit to set the child support amount and make sure it’s paid going forward. You’ll need to give info about both your financial situation and your ex’s as well as details about your kid.
You have the option to start an original lawsuit affecting the parent-child relationship without help from the OAG if you want. You might choose this path if your case involves complex issues or disagreements about custody and possession. This type of case would cover all matters related to your child. It would establish parentage, who makes decisions, schedules for possession and access, and child support. Whether you involve the OAG or not to set up your child support order, you’ll need to go through a legal process. After you have an order in place, you can take steps to enforce it.
3. Ask the Office of the Attorney General (OAG) to Enforce
In Texas when you already have an order that governs child support, the OAG has the responsibility to enforce child support. You can ask the OAG to help enforce the order if your ex doesn’t pay their court-ordered child support. The OAG can take many steps to make sure your ex follows the order, including asking the court for:
• Income Withholding: The OAG can take money from your ex’s paycheck.
• Passport Denial: Your ex may not be able to get a new or renewed passport if they’re behind on child support payments.
• Suspension of Driver’s License: The OAG has the power to suspend your ex’s driver’s license or other professional licenses if they get too far behind on child support payments.
• Liens: The OAG can put a lien on your ex’s property, bank accounts, retirement plans, life insurance plans, personal injury claims, insurance settlements or awards, and other assets if they don’t pay child support.
• Contempt of Court: If your ex keeps missing payments, the court might find them in contempt. This can lead to fines or even time in jail.
To start this process, you need to ask for child support enforcement through the OAG’s child support division. You can do this online or by calling them. This might take a while, but it can help you get the money you’re owed.
4. Ask the Court to Enforce the Order
If the OAG can’t help, you might have to go back to court on your own. You can file a motion for enforcement, which is a legal way to ask the court to make sure the child support order is followed. The court will look at proof that payments weren’t made and decide what to do, such as:
• Making your ex pay what they owe,
• Adding extra fees or penalties,
• Taking money straight from their paycheck, or
• Holding your ex in contempt of court, which might lead to jail time.
This option works well if your ex is dodging payments on purpose or won’t work with the OAG.
5. Ask to Change the Child Support Order
Sometimes, your ex might say they can’t pay child support because of money troubles. If their situation has changed a lot since the last order—like losing their job or having a big drop in income—you might need to update the child support order.
However, this process doesn’t let your ex off the hook for non-payment; it just tweaks the support amount based on their current money situation. If they’ve been dodging payments on purpose, the court might not cut them any slack, but it can help if you need to account for life changes.
6. Keep Tabs on Child Support Payments and Save Records
No matter what legal steps you take, you should keep detailed notes of child support payments—or when they don’t come through. Keep track of what your ex owes, how much they’ve paid, and when they’ve paid or missed payments. Having solid proof is key when you go to court or work with the OAG to enforce the order.
You can monitor payments using online platforms and spreadsheets, or if your ex has been paying through the OAG, they should also have a record of payments. This approach ensures that if the situation worsens, you have clear and organized proof to back up your case.
7. Think About Getting a Lawyer
Although you don’t have to hire a lawyer to deal with unpaid child support, it can help if your ex is causing trouble. A skilled family law lawyer can guide you through the legal process, speak for you in court, and offer tailored advice on the best steps to take for enforcement.
Conclusion
It’s annoying when your ex won’t pay child support, but you have several legal options to get the money your kid needs. You can go through the OAG or file a private action; you don’t have to deal with this problem by yourself. If you know what you can do and take the right steps, you can make sure your child gets the support they should have.