At the conclusion of a divorce or child custody dispute, the court has the power to order one parent to pay child support to another. This financial obligation is mandatory under the law, and the failure to make these monthly payments could have substantial consequences.
Despite the threat of consequences, not all parents meet their support obligations each month. Thankfully, an experienced child support attorney from Angela Faye Brown & Associates could help. A Missouri City child support enforcement lawyer could help you hold the other parent accountable and ensure your child receives the financial support they are entitled to.
There are two approaches available to parents in a delinquent child support case. The first involves a private civil action. The second option involves relying on the Child Support Division (CSD) of the Office of the Attorney General.
There are benefits that come with relying on a private attorney compared to using state resources. A parent will ultimately have more control over their enforcement case if they pursue delinquent child support payments with the help of their own Missouri City attorney.
Pursuing an enforcement action begins with filing a motion for contempt against the delinquent parent. This motion must be served to the other parent and requires a hearing. Enforcement is only an option if the court agrees that the other parent is delinquent and holds them in contempt.
When it comes to collecting delinquent child support payments, there are a number of tools available. It is possible to file liens against the property owned by the delinquent parent, including their homes, motor vehicles, or plots of land. It is not possible to sell these assets without first dealing with the lien attached to the property. Some other tools an attorney could help a parent utilize include:
The right enforcement option can differ from one case to another. While one delinquent parent might be motivated by the threat of losing a professional license, another might be more willing to comply to remove a lien from their property. An attorney from our firm could determine the most effective course of action in a parent’s case and do what is in their child’s best interests.
Parents that are delinquent on their child support obligations could face additional expenses outside of the enforcement action. State law allows a parent that is owed delinquent child support to charge interest on any missed payments. This interest accrues at a rate of 6 percent and is calculated yearly as simple interest.
This interest could be pursued retroactively. This means the interest would not start at the time of the enforcement action. Instead, interest accrues starting with the date of the original child support order. A lawyer in Missouri City could ensure that the appropriate interest rate is applied to all delinquent payments following a child support enforcement action.
It is not enough to secure a fair child support ruling during a divorce case or other proceeding. To ensure your child receives the financial support they deserve, you must also enforce the terms set out by the court.
If you have questions about your enforcement options, our experienced legal counsel has the answers. Contact a Missouri City child support enforcement lawyer today to learn more about how we could protect your child’s interests and financial wellbeing.