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Late Child Support or Spousal Maintenance Payments — Your Options

What to Do When a Support Payment Is Late

Your ex-spouse is late with a child support payment or hasn’t paid the alimony ordered by the court. What are your options?

Using the Power of the Court to Get Relief

Because the obligation to pay child or spousal support has been ordered by the court, your ex-spouse’s failure to honor that commitment can be considered contempt of court. If your ex-spouse is found to be in contempt of court, he or she can be fined or can face jail time.

In the state of Texas, child support enforcement falls within the purview of the state’s attorney general. The attorney general’s office has a number of avenues through which to pursue unpaid child support obligations, including:

  • Income withholding orders that mandate that money be taken directly from the obligor’s paycheck. Such an order may apply to workers’ compensation benefits or unemployment compensation. The attorney general may also seek to attach any federal or state income tax refunds.
  • The attachment of assets owned by the obligor, to be sold or used to pay support arrearages.
  • The requirement that the obligor pay or put up a bond to cover potential support arrearages.
  • The suspension of a passport or other professional licenses.
  • Notification to credit reporting agencies of the arrearage.
  • Criminal prosecution with a potential fine and/or jail time.

Don’t Deny Visitation

In Texas, as in other states, the right to visitation is not conditioned upon being current on all child support obligations. If you try to deny the noncustodial parent the opportunity to spend time with a minor child, you can find yourself facing a contempt of court proceeding.

Questions About Late Child Support or Spousal Maintenance Payments — Your Options? Custody, Divorce, and Family Law Attorney, Baytown, Texas

Stewart Law, PLLC, located in Baytown, Texas, provides legal counsel to parents involved in relocation issues, child support and custody matters, divorce, and other family law cases. For an initial assessment and consultation, contact our family law firm online or call our office at (281) 420-8020, at a reduced fee of $50.

 
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