There are serious penalties if you do not pay your child support in Texas. You cannot not comply with your child support obligation without taking it up with the court. Simply ignoring your child’s needs and assuming the other parent will simply do it all without your financial support is uncaring and unfair. The state of Texas expects parents to support their own children and not to expect the state to provide for their child’s welfare. It does not like it when parents who can support their children, choose not to and create unwarranted burden on the state’s social services programs.
Here are some potential consequences of not paying child support in Bedford, Texas.
• Jail Time and Fines. It is possible for the nonpayment of child support to land you in prison. Child support is a court order. If you are found in contempt of a court order, a judge can issue a warrant for your arrest, and you could face up to six months in jail.
In addition to contempt of court, you could be charged with criminal nonsupport if you intentionally or knowingly fail to provide child support. If you are found guilty of criminal nonsupport, you could face from six months to two years in prison and fines of up to $10,000.
• Interest. If you fail to pay, you will also have to pay interest in addition to the outstanding amount. Unpaid child support has a 6% interest rate per year from the date the support is delinquent. A child support payment is delinquent if it is not paid before the 31st day after it is due.
• Garnished Wages. The Texas Attorney General can garnish your wages. Wage garnishment is a court order that requires your employer to withhold a certain amount of your paycheck and send it directly to pay child support. In Texas, the court can require your employer to garnish up to fifty percent of your disposable earnings. Disposable earnings include all of your wages left after your employer has made the deductions required by law.
• Intercept Lottery Winnings. If you win the lottery, the Texas Attorney General can intercept your winnings and use it to pay past-due child support.
• Intercept Tax Refund. The Federal Tax Refund Offset Program (FTROP) allows the state to intercept your federal income tax refund if you owe past-due child support. In most cases, you must have at least $500 in past-due support before your tax returns are collected. However, if the custodial parent receives benefits under the Temporary Assistance for Needy Families program (TANF), your refund can be intercepted if you owe $150 or more.
• Suspend Licenses. The Texas Attorney General can suspend your driver’s license or prohibit the DMV from issuing you a license renewal if you have past due child support payments. They can also suspend professional licenses, licenses to carry a firearm, hunting licenses, fishing licenses, and any other license issued by the state of Texas.
• Deny Passport Application. You are disqualified from receiving a U.S. passport if you owe $2,500 or more in child support.
• Place Lien on Property. The state can place a lien on non-exempt real and personal property in the amount of any past-due child support plus interest. It guarantees that a portion of the sale proceeds is directed toward paying your support debt. A lien can prevent or delay you from selling the asset because most buyers do not want to deal with this complication. Some property is exempt from child support liens, including your primary residence, home furnishings, and one automobile for each household member with a driver’s license.
• Report Non-payment to Credit Bureaus. The state can report overdue child support to the credit bureaus, negatively impacting your credit score.
• Child Support Evader Program. You can be placed in the Child Support Evaders Program if you meet the following criteria:
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- Have an arrest warrant issued;
- Owe $5,000 or more in child support;
- Are at least six months behind in payments; and
- Are avoiding apprehension by the police.
The Child Support Evaders Program is a website that lists parents who are delinquent on payment and includes their names, the number of children, and the amount they owe.
Can You Lose Visitation If You Don’t Pay Child Support in Bedford?
Visitation and child support are two completely separate issues under Texas law. You cannot lose visitation rights because you did not pay child support. The custodial parent cannot prevent you from seeing your child because you owe support but often this can occur out of animosity. If you are having issues paying your support because of something significant such as a job loss or a substantial pay cut, do not ignore your obligation. Rather request a modification in the child custody order quickly so things do not get out of hand and you do not jeopardize your child’s welfare. Though you could bring an action to require the other parent to comply with visitation, your modification request address the problems with child support too.
Your Tarrant County Family Law Attorney
If you have problems with making your child support payments or have a a co-parent who is not paying child support, you should reach out to a qualified family law attorney. The Law Office of Craig S. Michalk has helped the residents of Tarrant County navigate the important issue of child support, as well as divorce, custody, paternity, and other family law matters for over 24 years. Your initial consultation is free, so call us today at 817-282-9895 to schedule an appointment at our Bedford, Texas office.
We represent clients in the Tarrant County, Texas communities of Arlington, Azle, Bedford, Colleyville, Euless, Fort Worth, Grand Prairie, Grapevine, Haltom City, Haslet, Hurst, Keller, Lake Worth, Mansfield, North Richland Hills, Richland Hills, Roanoke, Saginaw, Southlake, and Watauga.
