713-333-4430How Do Texas Courts Deal with Deadbeat Parents?
While parenthood is one of life’s milestones that most of us cherish and are compelled to take seriously, most, unfortunately, does not mean all. While many can relate to that age-old saying “time is the biggest thief” when it comes to having children and how fast they grow up, there are some parents who exist as negligent, absent, and consistently looking for any way to avoid their parental obligations. Parents have both legal and moral responsibilities to provide for their children. Unpaid child support is treated exceptionally seriously, and Texas courts have several enforceable mechanisms in place to hold deadbeat parents accountable. If one parent fails to meet their financial obligations, then the legal system steps in with its multiple tools and remedies. Of course, there are instances when a parent may fall on hard times, and it is not the goal of the Texas legal system to further hinder such a parent from getting back on track. However, it is vital to identify and distinguish cases of hardship from someone simply attempting to avoid their duties as a parent in Texas. The true goal of a Texas court is ensuring the children, at the heart of these matters, receive the support they need.
But What Is Considered “Deadbeat Parent” Behavior?
A deadbeat parent is one who willfully refuses to pay court-ordered child support. It must be noted that financial hardship alone will not automatically categorize a parent as a deadbeat, nor will it absolve them from ever having to pay child support or back payments in the future. An individual intentionally avoiding child support payments despite having the ability to pay, however, could fall under the popularized term of a “deadbeat parent.” Moreover, the results of such irresponsible actions can amount to significant legal and financial consequences. Texas strives to defend the rights and best interests of the kids in these cases in order to assure they have the necessary financial resources for their well-being.
Legal Antidotes for Unpaid Child Support
Courts have several modes of enforcing child support orders. Some of the most common enforcement mechanisms include:
Wage Garnishment – One of the most easy and efficient tools available is wage garnishment. A private attorney or The Office of the Attorney General (OAG) can call for an income withholding order (IWO) mandating an employer to deduct the child support payments directly from the delinquent parent’s paychecks. Wage garnishment keeps payments consistent and timely.
License Suspensions – A parent who refuses to pay child support can face license suspension, which does not just apply to your driver’s license. License suspension can extend to professional licenses, passports, and even fishing and hunting permits. Texas law allows the OAG to restrict these privileges until the parent fulfills their financial duties.
Bank Levies and Property Liens – Texas courts can authorize the seizure of bank accounts, tax refunds, and even, for the lucky, lottery winnings to recover child support. Further, liens could be placed on real estate or other items deemed valuable. The process prevents delinquent parents from attempting to sell off or refinance property without first settling outstanding child support debt.
Contempt of Court – If other enforcement measures fail, a non-paying parent may be held in contempt of court. Fine and even jail time can be a direct result of contempt of court enforcement. Courts do not take failure to pay child support lightly, and they might go so far as to issue an arrest warrant if a parent persistently ignores the support orders.
Intercepting Federal Benefits – Past-due child support can also be collected via federal benefit offsets.
Social Security benefits, unemployment compensation, and other federal payments could be up for garnishment in delinquent child support payment scenarios to satisfy these outstanding obligations.
What to Do if A Parent Simply Cannot Afford Payments?
While Texas strictly enforces child support orders, it acknowledges the reality that changes in financial situations can occur and impact one’s ability to make payments. However, a parent facing genuine hardship should not simply stop making payments. Instead, they should file a petition to modify their current or incoming child support orders. Courts can grant adjustments if there is a substantial change in circumstances, e.g., job loss or medical disability.
Note: If you are facing financial hardship and child support payments, it is critical to gather, organize, and review all supportive documentation that demonstrates your current financial standing.
Taking Actions Against a Deadbeat Parent
As parents, we pour so much of ourselves, from time to energy, into ensuring our child is happy, healthy, safe, and set up for success. We work tirelessly to help them reach milestones, shuttling them to and from their sport and enrichment activities, helping compose that first book report, attending the parent-teacher conferences, and then, of course, also seeing to basic needs like cooking, cleaning, ensuring good hygiene, keeping up with doctor and dental appointments, and supplying appropriate wardrobe. These lists are just barely skimming the surface of what parenthood and proper parenting entail. All of it requires energy and dedication, as well as financial contributions. So––when one parent avoids contributing, it’s frustrating, disrespectful, and likely unlawful. If you are not receiving the court-ordered child support you are owed, there are several steps you can take:
- Utilize The Office of the Attorney General: The OAG provides child support enforcement services and can initiate legal actions against non-paying or non-compliant parents.
- Filing Motion for Enforcement: A family law attorney is the right person to assist with filing valuable motions in court that can request enforcement of the support order.
- Keeping Records: It is absolutely paramount to keep a detailed log of any missed payments, the communication regarding child support and any co-parenting elements with the other parent, and document any efforts made to collect support.
- Get Legal Support: An experienced attorney can help you get through the enforcement process to ensure the best possible outcome for you and your children.
Texas courts have no tolerance for parents neglecting their financial duties. The legal system is designed to provide significant help along with powerful enforcement tools to enable parents to receive the support they deserve. Any parent struggling with unpaid child support, whether they are owed payments or unable to pay, should seek legal assistance as soon as possible. Consulting with an attorney can clarify your rights and responsibilities and ensure you are in compliance with the law. Contact a seasoned Texas family law attorney for a confidential consultation.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
