how can i enforce child support?

What To Do If Your Ex-Spouse Fails to Pay Child Support

A child support order is legally binding. Despite this, we always recommend that people try to use mediation to resolve their differences before legal action. Said legal action can cause strain on relationships which can be stressful for everyone involved.

Therefore, the best first step is usually speaking to your ex-spouse unless that puts you or your child in danger; if so, then you should skip this for safety. If you are in this situation, then your local child support services may be able to help, or you can seek help from a family law attorney to help enforce child support orders.

If they have a valid reason for missing child support payments, such as crashing their car or losing their job, then you could try to come to an agreement while they get back on their feet. It is often the case that they pay you a smaller amount and make up for it when they are in a better position.

On the other hand, if they refuse to negotiate or they have no good reason not to pay child support, then your next step is to explore legal action.

Unpaid Child Support Doesn’t Disappear

Missed child support payments don’t disappear; they continue to accumulate and are subject to interest. Even if your ex-spouse is successful in securing a modification where the court agrees to reduce the payments, this will not affect what they already owe you. There is no statute of limitations on child support payments, so what they owe never disappears.

consequences of not paying child support in texas

Missing child support payments is a criminal offense. When you contact Skillern Firm Divorce & Child Custody Lawyers, we can assist in seeking help from the court in order to hold the payee accountable. Some potential penalties include:

How to Modify Child Support Orders

If your ex-spouse doesn’t take responsibility, it can be incredibly frustrating to have to find the money to meet your child’s needs alone. However, sometimes events occur which are out of their control, and when payments become unmanageable, it is necessary to apply for a modification.

In accordance with the Texas Family Code, grounds for modification of child support include:

• A substantial or material change in circumstances; Examples include: illness, job loss, changes in employment, increased expenses for other dependents, changes to the child’s living arrangements, and changing needs of the child.
• It has been three years since the existing order was issued, and the amount that would be awarded under up-to-date guidelines differs by either 20% or $100.

One parent can apply for a modification, or parents can apply jointly. When you contact Skillern Firm Divorce & Child Custody Lawyers, we can help you explore your options and advise you on your next steps.

Agreed Vs. Contested Modification

When both parents agree to a child support modification, they can file a motion for modification jointly with the court. However, it may still be helpful to seek professional advice from an attorney so that they can ensure that you have followed the proper legal processes and have the evidence required to secure a modification.

If you and your ex-spouse cannot agree, then you will need to file for a contested modification, which is more difficult. The court will expect you to have at least tried to come to an agreement through mediation before filing for a contested modification.

If one spouse applies for a modification, the other party will be served modification papers which they must respond to within 20 days. If they fail to do so, then the Judge is likely to approve the modification by default.

If you are pursuing a contested modification, or if your ex-spouse is seeking a modification and you do not believe that they should, then you should seek guidance from a child support attorney as soon as possible in order to preserve your legal reights.

What Skillern Firm Divorce & Child Custody Lawyers Can Do For You

It is important that your child is financially supported by both of their parents. If your ex-spouse has missed payments, then you should hold them accountable for their actions.

Not only are missed child su[pport payments incredibly frustrating for you when you are trying to meet all of your child’s needs, but they also negatively impact children who end up missing out on all the support they deserve.

At Skillern Firm Divorce & Child Custody Lawyers, we always prioritize the needs of children in every family law case; We know how to keep things amicable wherever possible and how to act when a firmer approach is necessary.

Protecting the relationship between you and your ex-spouse should be an important aspect of your case. However, if a court case is necessary to secure what you deserve, then we will always be prepared to litigate on your behalf.