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FAILURE TO PAY CHILD SUPPORT IN TEXAS

DALLAS CHILD SUPPORT LAWYERS

Texas law has many guidelines that must be abided by in a child support case. In almost all cases the non-custodial parent must send payments to help the custodial parent meet the child’s needs. This support is provided until the child turns 18 or graduates high school, whichever occurs later. To ensure that the Texas child support order is being abided to, the courts require an Order to Withhold from Earnings to child support. This requires the obligator’s employer to automatically deduct the child support amount from their monthly earnings. If the obligator fails to pay monthly child support payments, they subject themselves to contempt, which could lead to incarceration. If child support is not fully paid, child support arrearages accrue. The obligator may be placed in jail for up to six months for not paying child support under “contempt of court.” This means a court order is not being followed.

 

RIGHT TO HAVE AN ATTORNEY REPRESENT YOU

The obligator may also have to pay up to $500 for each violation and pay attorney’s fees and court costs. They have the right to be represented by a child support attorney in a contempt proceeding, and if certain conditions are satisfied they may be provided the attorney free of charge. In some cases the obligator is imprisoned for a specific period of time/or pays a fine. This happens when they are criminally prosecuted and imprisoned for nonpayment, which is a felony. The team of Dallas child support lawyers at our firm has been representing clients with child support violations since 2000. With a combined experience of more than 20 years, our team is your idea choice for handling child support disputes in different counties of Texas including Dallas, Collin, Tarrant, Denton, and Rockwall.

 

PENALTIES FOR FAILURE TO PAY CHILD SUPPORT

Aside from being sentenced to jail time and fines, the obligator may have a suspended sentence and be put on probation. If they are served with notice of an enforcement hearing and fail to attend, the court may issue a warrant for the obligator’s arrest and have them bought into court. Some child support enforcement methods include filing a lien on the obligator’s property, bank accounts, or any real estate they may own.

 

Any license issued by the state may also be revoked or suspended for not paying child support. A possible defense against paying child support can include the custodial parent’s voluntary relinquishment of the child to the obligator. Another defense is a lack of ability to pay the court ordered amount. For this to happen a court must establish all of the following: the obligator lacked the ability to provide support in the amount ordered, had no property that could be sold, mortgaged, or otherwise pledged to raise the needed funds, attempted to borrow the needed funds but were unsuccessful, and knew of no source from which they could obtain or borrow funds by any legal means.

 

CHILD SUPPORT LAWYERS AVAILABLE FOR FREE CONSULTATION

A violation of child support court orders can have serious consequences. If you were obligated by the court for paying child support and you failed to keep up with the payments, you need the representation of an experienced lawyer to handle your case. Your financial future and freedom might be at stake, and you need the representation of an attorney who is familiar with Texas Family Laws, and have represented clients in Texas courts for their child support disputes. We are available for a FREE CONSULTATION to discuss your case in detail. You can schedule a FREE CONSULTATION by calling 972.789.1664, emailing contact@dallasarealaw.com, or filling out the form on top of this page. We look forward to providing you a dedicated legal service for your child support matter.

 

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