Child support enforcement is a serious matter in Texas. If you are a parent who is owed child support, or a parent who is behind on your payments, you should know your rights and obligations under the law. Here are some key points to consider:
- Child support orders are
legally binding and enforceable by the court. If the noncustodial parent
fails to pay the ordered amount, the custodial parent can file a petition
for enforcement of child support with the court that issued the order.
- The petition for
enforcement of child support must state the specific terms of the order
that have been violated, the amount of arrears owed, and the relief sought
by the petitioner. The relief may include contempt of court, wage
withholding, liens on property, suspension of licenses, or jail time.
- The respondent must be
served with a copy of the petition and given an opportunity to answer. The
respondent can challenge the validity of the order, the amount of arrears,
or the relief sought by the petitioner. The respondent can also request a
modification of the order if there has been a material and substantial
change in circumstances.
- The court will hold a
hearing to determine whether the respondent has violated the order and
what sanctions should be imposed. The petitioner must prove the violation
by a preponderance of the evidence. The respondent can present evidence
and witnesses to defend themselves. The court will issue a judgment that
grants or denies the relief sought by the petitioner.
Child support enforcement is not only a legal obligation but also
a moral duty. It ensures that children receive the financial support they need
and deserve from both parents. If you need help with child support enforcement
in Texas, you should consult a board-certified family lawyer who can discuss
your rights on either side of the issue. Remember, child support is for the
benefit of your children, not yourself.
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