Austin Child Support Enforcement Attorney

While most litigants strive to faithfully comply with court orders, sometimes they don’t. Child support payments are missed. Medical bills are not paid. Visitation schedules are ignored. Harassing phone calls and text messages continue unabated. These are examples of violations of court orders that frequently arise in family law litigation. If a party is not complying with the terms of a court order, whether a temporary order or a final order, you may file a motion for child support enforcement. For example, if the party ordered to pay child support fails to make payments in accordance with the terms of the court’s order, the party entitled to receive the support payments may file a motion for enforcement. Enforcement actions are not limited to child support. Possession schedules and any other provision of your order may be enforced through enforcement action.

If your child’s noncustodial parent refuses to comply with this type of court order, an Austin child support enforcement lawyer could help you recover the funds you need to provide for your child’s needs. Our attorneys could review your case and determine what option best supports your situation.

Filing an Enforcement Order in Austin

A motion for enforcement must identify the provision of the order allegedly violated, state the manner of the respondent’s alleged noncompliance, and state the relief requested by the movant (the party filing the motion).

Orders relating to child support and possession of and access to a child may be enforced by contempt. This means that a party failing to comply with a court order may be imprisoned until the party complies with the court’s order. Thus, a party who fails to pay child support may be imprisoned until he or she pays the child support arrearages. In reality, courts seldom send violators to jail, at least for a first offense. But the threat of jail is usually enough to inspire compliance and deter further violations. Importantly, if you prevail in your child support enforcement action in Austin, you may recover from the respondent whatever attorneys’ fees you incurred to bring the action.

Methods of Enforcing a Child Support Order

When a noncustodial parent fails to pay the child support for which they are legally responsible, the Texas Attorney General Office’s Child Support Division may institute various enforcement measures. These measures are designed to collect past-due and current payments from the noncustodial parent. An attorney in Austin could help a parent with child support enforcement by getting this agency involved. Some of the methods that the Child Support Division may use to secure missing support payments include:

• Liens against the noncustodial parent’s property
• Suspending the noncustodial parent’s driver’s, professional, or hunting and fishing licenses
• Suing the noncustodial parent
• Garnishing wages from the noncustodial parent’s paycheck
• Intercepting funds from state or federal sources, such as lottery winnings or income tax returns

Texas Attorney General’s Office Child Support Evader Program

For situations in which it is difficult to locate a parent who has been avoiding their court-ordered child support obligations, the Texas Office of the Attorney General’s Child Support Evader Program seeks public help in tracking down these evaders. There is a public website that features the evaders’ names, the amount of child support they owe, the number of children for which they owe the funds, and a photo of the evader. For each entry, there is a link to a survey that the public can complete to assist the Attorney General’s Office with tracking them down. This program exclusively focuses on parents who meet the following conditions:

• The noncompliant parent owes more than $5,000 in delinquent court-ordered child support
• There is a warrant out for the noncompliant parent’s arrest
• The noncompliant parent has been avoiding apprehension
• The noncompliant parent has not made any regular child support payments in the past six months
• The noncompliant parent does not receive Temporary Assistance for Needy Families benefits and is not involved in bankruptcy proceedings
• The custodial parent has signed a confidentiality waiver releasing certain private information
• A photograph of the noncompliant parent is available

The Texas Attorney General’s website also includes a list of child support evaders who have been arrested and apprehended as a result of assistance from the public. In serious child support enforcement cases such as these, a dedicated Austin lawyer could help a parent through the complicated legal process.

Speak with an Austin Child Support Enforcement Attorney

Regardless of who has primary custody of a child, both parents are responsible for providing financial support to their shared child. If your co-parent is not complying with your child support order, there are ways to recover what they owe. Contact an Austin child support enforcement lawyer for more information about the options available to your family.

Navigating Child Support Calculations in Austin

Calculating child support payments can be a maze, especially for parents navigating it for the first time. Lawyers can guide parents through this process based on guidelines that consider the paying parent’s net resources.

These estimates in Texas are determined based on rough guidelines that consider the paying parent’s net monthly income. Having a top-rated child support lawyer during these calculations can determine a fair and appropriate support amount, preventing mistakes in declaring income sources.

Advocacy in Austin Child Support Disputes

Child support disputes can be emotionally draining and legally complex. Family law attorneys in Fort Worth actively represent their clients in court to advocate for their interests in such disputes when negotiation or mediation fails.

Child support attorneys negotiate strategically with a Child Support Officer or Assistant Attorney General to reach an agreed order that reflects the client’s interests, including child custody arrangements. In cases where parties cannot agree, an attorney presents the client’s information to the judge, who will then make the child support order.

Having an attorney is crucial when there’s a need to ensure fair support arrangements in court.

Establishing Child Support Payments in Austin

Family law attorneys assist with establishing these child support orders. They negotiate support amounts and payment schedules and modify previous orders if needed. For example, a noncustodial parent earning $30,000 per month might be ordered to pay $2,300 monthly for one child. This calculation is based on Texas guidelines and takes into consideration the parent’s income and the child’s specific needs.

Adjusting Child Support Orders in Austin

Life is not static, and neither are child support orders. In Texas, these orders can be modified due to significant changes, such as alterations in income, the child’s needs, or changes in custody arrangements. Child support lawyers play a pivotal role by assisting parents in understanding legal terms like ‘substantial and material change’ and facilitating modifications in child support orders.

This is especially relevant for high-income earners. Adjustments in Texas may result in orders for additional support to align with the child’s lifestyle proportional to parental income. Courts thoroughly examine complex income situations, such as trends and business expenses for self-employed individuals, when determining these modifications.

Ensuring Compliance with Austin Child Support Obligations

Non-compliance with child support orders in Texas can lead to severe penalties. These can include:

• Wage garnishment
• License suspension
• Interception of tax refunds
• Fines
• Court contempt
• Incarceration

Child support lawyers represent parents in the Child Support Review Process (CSRP) and can help navigate court proceedings, including engaging in negotiations, especially for cases not eligible for CSRP.

Attorneys also play a vital role in enforcing child support orders by establishing wage withholding orders, obtaining judgments for overdue amounts, and advocating in Attorney General Hearings. For those seeking to ensure compliance with child support obligations, the Attorney General’s office offers services to apply for child support enforcement.

Child Support Beyond the Basics: Advanced Insights

While the Texas Family Code provides a general guideline for child support determinations, some circumstances require special considerations. The Code considers a child’s special needs or extraordinary child support expenses, such as healthcare or educational requirements, when determining child support.

Child support may be required indefinitely for children with disabilities or special needs that necessitate additional care. Legal representation becomes even more crucial in these complex cases, addressing challenges like income variability or undisclosed income.

An experienced child support attorney can advocate for variations from the Texas guidelines, justified by the child’s unique needs and extraordinary educational or healthcare requirements.

Selecting the Right Austin Child Support Lawyer for Your Case

Child support matters are highly personal, and proper legal representation can make a significant difference. Here are vital factors to consider:

Board Certification: A Mark of Excellence

Look for an attorney Board-Certified in Family Law by the Texas Board of Legal Specialization. This rigorous certification process demonstrates expertise, experience, and a commitment to upholding high ethical standards. Ben Carrasco is a Board-Certified Family Law attorney, ensuring your case receives the highest legal knowledge and skillful representation.

Experience Matters, But So Does Personal Attention

Large firms may handle a high volume of cases, but that can mean impersonal treatment and your case being passed off to less experienced associates. Ben Carrasco believes in direct client involvement. He manages every aspect of your case, ensuring you have clear communication and access to your attorney throughout the entire process.

Compassionate Advocacy Tailored to Your Needs

Child support issues are rarely black and white. They involve complex emotions and unique family dynamics. Ben understands these challenges. He combines solid legal skills with genuine empathy to fight for an outcome that prioritizes your child’s welfare while safeguarding your financial interests.

Schedule a No-Obligation Consultation Today

At Ben Carrasco Law, we are dedicated to providing Austin parents with the personalized, results-oriented representation they deserve. Contact us today to discuss your child support case and how Ben Carrasco can confidently help you navigate this challenging situation.

Your Guide to Austin Child Support Services

Child support attorneys offer a range of services to assist clients. Initial consultations with a family law attorney encompass a review of the client’s specific circumstances and a description of the process of filing for or modifying child support.

Attorneys assist in accurately calculating child support obligations, taking into account income, childcare expenses, health insurance costs, and other factors in accordance with state guidelines. They also provide legal representation in court for child support hearings, presenting evidence, cross-examining witnesses, and ensuring the client’s rights are protected throughout the legal process.

Attorneys also handle post-judgment modifications, filing petitions when circumstances significantly change to ensure child support remains fair and equitable.

Frequently Asked Questions About Austin Child Support

How is Child Support Calculated in Austin, Texas?

In Texas, child support is calculated based on guidelines considering the paying parent’s net resources, including their net monthly income.

Can a Child Support Order Be Modified in Austin?

Yes, child support orders can be modified in Texas based on significant changes in income, the child’s needs, or custody arrangements.

What Happens if a Parent Fails to Comply with Child Support Obligations in Austin, Texas?

If a parent fails to comply with child support obligations in Texas, they may face severe penalties such as wage garnishment, license suspension, interception of tax refunds, fines, court contempt, and in extreme cases, incarceration. It’s important to fulfill child support responsibilities to avoid these consequences.

How Can an Austin Child Support Lawyer Assist in Cases Involving Children with Special Needs?

A child support attorney can assist in cases involving children with special needs by advocating for variations from guidelines based on the child’s unique requirements. This can include advocating for additional financial support for extraordinary educational or healthcare needs.

What Factors Should Be Considered When Selecting an Austin Child Support Lawyer?

When selecting a child support attorney, it’s important to consider their specialization in family law, successful record, professional experience, and communication style to ensure the best representation for your case.