Nonpayment of child support can have a devastating effect on the finances of a custodial parent. When money intended for food, shelter, clothing, or medicine for minor children is not received, the children inevitable suffer. But if an ex-spouse refuses to pay their child support, what can you do?
The Basic Child Support Obligation
Texas determines child support based on the income of the noncustodial parent. A percentage of the parent’s income is used to determine support, which ranges from 20% for one child to 40% for five or more children. Child support is normally paid on a monthly basis.
Effects of Past Due Child Support & Wage Withholding Orders
Support payments are considered past due if not paid within 31 days from their due dates. After that time, interest accrues on the past due amount. Interest charged in Texas is 6% per year.
In addition to interest charged, child support collection tools can be used by the custodial parent. The most common method for collection of past due child support payment is a wage withholding order. With this method, the payment is withheld from the ex-spouse’s paycheck. This wage garnishment can range from 25% to more than 55% of the ex-spouse’s net pay, depending on how far behind the payments are. The current support obligation will also come out of the order.
Other Means of Child Support Collection
If the ex-spouse does not earn wages or you are unsure about where they are employed, your McKinney divorce attorney at the Lucé Law Firm can use other means to discover this information. If necessary, the delinquent parent can be brought into court and be required to state under oath where he or she is employed.
If the individual is self-employed, the sources of income must be disclosed. Other assets, including bank accounts and vehicles, may also be disclosed. If the obligor refuses to pay, the collecting attorney can seek the support payment from these disclosed assets.
If the parent is very delinquent in support payments, suspension of the other parent’s licenses can be sought. This includes driver’s licenses, including commercial licenses, licenses to practice medicine or law, nursing licenses, etc. As a matter of last resort, the collecting attorney can seek to have the ex-spouse placed in jail for a period of time because non-payment of child support may be considered contempt of court.
Get Aggressive Child Support Help
A custodial parent with financial obligations to meet cannot afford to allow child support to go uncollected. If a parent is not receiving child support payments, contacting an attorney at the Lucé Law Firm is a first step towards collection of past due money. Call 972-632-1300 to set up a free legal consultation.