Parents should generally prioritize their financial responsibilities to their children above most other expenses. If the parents of minor children no longer live together, one may need to pay child support to the other.
When the Texas courts calculate child support obligations, they carefully consider a variety of factors. The current income and realistic earning potential of each parent, as well as the division of parenting time and any extraordinary expenses generated by the children, influence what the courts deem appropriate and necessary.
The parent paying support may need to make financial adjustments to ensure they can fulfill all of their other responsibilities while also paying support as ordered. If they fail to pay what they should, then child support arrears begin accruing.
Can judges in Texas mandate the liquidation of parents’ assets to address past-due child support obligations?
Liquidation is one form of support order enforcement
Texas state statutes outline numerous different enforcement mechanisms that the courts can employ when one parent does not pay child support as ordered. The state can intercept lottery winnings and income tax returns. Garnishing wages, issuing bench warrants and refusing to issue or renew state licenses are also enforcement options.
In scenarios where the paying parent has valuable assets in their name, a judge can order the liquidation of those assets to ensure that they fulfill their child support responsibilities. The Office of the Attorney General can initiate proceedings to place liens against property owned by parents with child support arrears. The recipient parent can also initiate private legal action seeking a lien. The assets at risk could include bank accounts, vehicles, real property and even retirement savings.
Parents who are subject to child support orders who have experienced a change in financial circumstances may need assistance modifying their orders to limit the arrears that accrue and help ensure they remain in good standing. Parents receiving support may need to take action when they do not receive the funds necessary for their children’s basic needs.
Reviewing family circumstances with a Texas child support attorney can help parents understand their options when seeking child support enforcement or trying to mitigate the worst possible consequences of support enforcement efforts.