Unfortunately, just because a court orders a parent to pay child support does not mean they actually will. Enforcement actions can be taken by the attorney general in order to collect court ordered child support when a parent fails to pay. Read below to learn more about how child support agencies enforce court orders to collect support payments in the state of Texas.

Tools for Collecting Child Support

Child support agencies have many tools for enforcing child support orders. Here’s a breakdown of some of the most common methods CSS uses when attempting to collect past-due child support.

Wage Withholding

All child support orders include the enforcement tool of immediate wage withholding (also called “wage deduction,” “wage garnishment,” and “income (or earnings) assignment”). The state can order the obligor’s employer to deduct the child support amount from the obligor’s paycheck. Employers must deduct the payment from the obligor’s paycheck just like any other payroll deduction (such as income tax or social security). Depending on the order, the employer will send the payment to either the local child support office or the custodial parent.

Wage withholding is very effective when the obligor has a regular job with a steady, predictable paycheck. However, it often isn’t the best enforcement method when the obligor changes jobs often, is self-employed, or is unemployed. When that’s the case, other tools come into play.

Withholding Other Income

Wages aren’t the only income that state agencies can withhold to cover unpaid child support. CSS may also order that money be withheld from payments such as commission income, employment bonuses, and pension benefits.

State child support agencies can also participate in the Administrative Offset Program. This program allows interception of certain federal payments, such as pay to vendors who perform work for a government agency and federal retirement payments.

Tax Offsets

State child support agencies can report parents who haven’t paid child support to federal and state tax agencies.

Federal Income Tax Returns

Under the federal Treasury Offset Program, state child support enforcement agencies may report parents who fail to pay child support to the federal Treasury Department. The Treasury Department may then withhold refund payments for federal tax returns and other government payments, and apply the money toward overdue child support.

Sometimes, parents who owe child support receive a refund based on a joint tax return—perhaps because they’ve remarried and filed a joint tax return with the new spouse. In most states, the parent who’s owed support may collect only from the portion of the joint return that’s based on the obligor’s income. Note, however, that community property laws might affect whether a new spouse’s share of the tax return can be applied toward the obligor’s unpaid child support. (For more information about how tax offsets can be taken against tax returns where you live, and how you can make sure the IRS takes only the obligor’s share of the tax return, see the IRS’s instructions for Form 8379 (Injured Spouse Allocation).)

State Income Tax Returns

Every state that collects income tax is required to offset state income tax refunds when a parent owes child support. Similar to the situation with federal tax refunds, most states may withhold money only from the portion of the return that’s based on the obligor’s income if the obligor has remarried and is filing a joint return. (

License Suspensions and Revocations

One of the most effective ways of obtaining past-due child support payments is to have the state revoke or suspend an obligor’s driver’s license. CSS also has the power to order withholding, suspension, or even revocation of a delinquent parent’s professional license (such as a medical, legal, cosmetic, or real estate broker license) or recreational license (such as a hunting or fishing license).

For obligors who are sincerely trying to earn money to pay back child support, losing a license to drive or practice a profession might actually make it harder to do that. After all, these types of licenses are usually critical to the person’s ability to make money. CSS often won’t use this penalty if it’s not in the child’s best interest to do so.

For other obligors, though, losing a driver’s license or a professional or recreational license is a powerful incentive to pay the amount due.

Liens

If the obligor parent owns real estate or certain other types of property (like a car), child support payments can be enforced by placing a lien on the property. Every state has its own laws on who can file a child support lien. In some states, the parent who’s owed money may file the lien; in others, only a child support agency may file one. The holder of a lien has a claim on the property, and the obligor usually can’t sell the property without paying off the lien. In rare cases, the holder of a lien has the right to force a sale of the property to pay off the lien.

One of the downsides of a lien is that it doesn’t lead to an immediate payment. The parent who’s owed support usually has to wait until the obligor sells the property or is able to pay off the lien without a sale.

Bank Account Freezing and Attachments

CSS has the power to freeze an obligor’s accounts held by certain financial institutions (such as banks, credit unions, and insurance companies). When a child support agency freezes an obligor’s bank or other financial account, the obligor can’t use the account until the debt is paid off. In some states, after the account has been frozen for a period of time (such as 30 days), and the obligor still hasn’t paid the debt, the financial institution may seize (withdraw) the amount owed from the obligor’s account and send it directly to the child support agency.

Another option available to CSS is to “attach” or seize other property the obligor owns to cover the unpaid child support. In that situation, the obligor will have to either sell the item and apply the proceeds to unpaid child support, or transfer ownership of the item to the custodial parent.

Passport Restrictions

When a parent owes at least $2,500 in child support, CSS can submit the parent’s information to the federal Office of Child Support Enforcement (OCSE). OCSE can then submit the parent’s information to the Department of State, which can reject the parent’s passport application. Sometimes, the child support agency can attempt to get a federal warrant that gives the Department of State the power to revoke an obligor’s passport and arrest the parent when they try to re-enter the United States.

Contempt of Court

When none of these enforcement methods work, the custodial parent (on their own or with the help of an attorney) may take the obligor to court. After hearing the evidence, a judge may then find the obligor “in contempt of court”—in other words, guilty of ignoring the court order requiring payment of child support. A contempt can result in fines or even jail time.

If you’re the custodial parent, you should consult with CSS before taking this drastic step. Many states won’t allow you to pursue a contempt case until you’ve worked with CSS and attempted all other reasonable collection methods.

Other Consequences of Failing to Pay Child Support

On top of all of these enforcement tools, CSS is required by federal law to report late child support to the major credit bureaus (Equifax, Experian, and TransUnion) every month. That means that anyone who’s delinquent in paying child support will take a major hit to their credit score. Having a low credit score can make it difficult to obtain a loan (for a car or house, for example) or obtain credit.

Divorce Mediator Serving Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

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Many parents wonder, ‘Do I Have to Pay Child Support Without a Job?’ The answer to this situation is that even if a noncustodial parent is unemployed, they will still owe child support. There are few exceptions to this rule. Speaking with an experienced attorney can help you make the best choices for your unique situation.

What is child support? 

Child support is money a parent pays to help with the cost of raising a child. This includes costs like food, housing, clothing, school supplies, daycare, and activities.

A court can order one parent to pay child support to the other parent. The obligation to pay child support begins when the judge signs an order.

A court can sometimes also order a parent to pay retroactive or “back” child support. Texas law expects both parents to provide financial support for their child, even without a court order. A court could order a parent to pay back child support if:

• They do not live with the child; and
• They have not helped support the child financially.

Who pays child support? Who receives it? 

In most custody arrangements, a child lives with one parent most of the time. This is the “custodial” parent. The “non-custodial” parent has visitation rights on a regular basis.

The non-custodial parent (the “obligor”) has the obligation to make child support payments. The custodial parent (the “obligee”) has the right to receive these payments.

How can I get child support?

A court can order child support as part of the following legal proceedings:

• Divorce;
• Child custody case, also known as a Suit Affecting the Parent-Child Relationship (SAPCR);
• Paternity case;
• Family violence protective order case; or
• Modification case, if a court order affecting the child is already in place.

What if the obligor is unemployed or underemployed? 

If the obligor does not have a job, the court can base child support on the amount the obligor would earn at a full-time minimum-wage job. The current minimum wage is $7.25 per hour or $290 per week before taxes. This presumption does not apply if the obligor is in prison or jail for at least 90 days.

Intentional unemployent or underemployment can be a different story. If an obligor could earn more money but chooses not to, the court can look at their earning potential.

Suppose for example, that a parent has earned a good salary for many years. At some point before the court orders child support, they quit that job and take a new job with a fraction of the pay. The purpose of child support is to benefit the child. The parent’s reasons for the change in employment are not as important as the effect on the child. The court will consider whether the obligor is trying to avoid child support. They can consider how much the parent could be making when setting the amount.

What if the obligor goes to jail or prison? 

Texas law states that a judge should not order child support if:

• The obligor is in jail or prison at the time the court is making the order; and
• They will continue to be in jail or prison for at least 90 days.

Either parent can file to establish child support when the obligor gets out. This often involves filing to modify an existing custody order.

An existing child support obligation does not end if the obligor goes to jail or prison. A sentence of at least 90 days, however, is a “substantial and material change in circumstances” that would justify a change in the amount of child support. Either parent can file a motion to modify. A court might reduce the amount the obligor must pay, or it can temporarily suspend payments until the obligor’s release.

If you are facing divorce, it is highly advised that you speak with legal counsel immediately. Renken Law Firm, PLLC is well-versed in the Texas divorce process. The team of compassionate and knowledgeable Houston attorneys know what it takes to aggressively pursue favorable solutions for their clients in the courtroom and ensure that their interests compellingly put forth before the judge.

Affordable Family Lawyer in Houston, TX

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
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Houston, TX 77092
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It is common for children of divorced parents to spend more time with their non-custodial parent during the long summer months. While this can be a great chance for your child to spend quality time with their other parent, it can also be a source of anxiety and stress on the parent with primary custody, and in some cases the child as well.

Listed below are some tips on how to handle long summer visitations.

Set Your Mind at Ease

When your child is preparing to go away for summer visitation, do some advance planning that will help you feel comfortable with the vacation or the trip. Find out where your child is going and get the contact information. Ask questions so you know what the plan is. If your child will be traveling, get the details of the itinerary.

Make sure your ex understands your child’s capabilities when it comes to swimming, hiking, or other activities. If your child is going to another state to stay with your ex, find out who will provide child care while your ex is at work.

Stay in Touch

If your child is in elementary school, this might be a good time to get him a cell phone. That way, you can reach him directly without having to go through your ex and you’ll have the peace of mind of knowing you can call at any time. Stay in touch, but don’t call several times a day. You have to let go a little and let your child and ex have time together without you involved.

Find out if your child will have internet access. If so, set up an IM or Skype account so you can reach each other that way. If not, you could send your child with some stamps and stationery so he could send you a note or a drawing.

Pack Well

Help your child pack for the time away. Make sure all essentials are included, including

• prescription medications,
• glasses,
• retainers,
• rubber bands for braces,
• summer reading requirements,
• sunscreen,
• special stuffed animals,
• favorite toys,
• clothing appropriate for the weather,
• and personal care items.

If your child will be traveling, don’t assume your ex will think to pack children’s pain reliever, dental floss, water shoes, or other important items. Talk with your ex about making sure your child follows her routine and takes her meds, brushes her teeth, wears sunscreen, and so on.

Prepare Your Child

Depending on the age of your child and whether he has been away from you before, this could be a difficult separation. Remind him he is going to be with the other parent who loves him and is so excited to be able to spend time with him.Tell him you’ll miss him and he’ll miss you, but you’ll be together again very soon.

Do not dwell on how hard the separation will be for you. That is not your child’s burden to carry. Instead, give him permission to enjoy himself and have fun. Be happy he is about to have this experience.

Additionally, you will want to ensure your child feels like they are able to reach out to you at any time while they are away. Even if they are thrilled to spend time with their other parent, it is not unusal for a child to take time to adapt to an environment outside of their day-to-day home. Encourage your child to make the most out of their time with the other parent to help ease any anxiety or stress they may be feeling.

Having a strong co-parenting relationship can help to make summer vacation a breeze for your child. Both separated parents should come together to help their children enjoy the time they get on summer break. If your divorce agreement does not include visitation schedules with extended periods of visitation during summer, you may be able to make an amendment to your child custody. Schedule an appointment with one of our divorce lawyers today to learn more about how you can get a custody schedule that fits your child’s needs.

Experienced Family Law Attorney in Houston, TX

At Renken Law Firm, we work with our clients to help them navigate the divorce process. We understand how complicated and emotionally draining this experience can be, this is why we work with you every step of the way. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.

 

Renken Law Firm, PLLC
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Houston, TX 77092
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Are you a Houston parent that wants to win custody in your divorce case? Working with an experienced family law attorney can help you in your child custody battle. Our family law firm will work with you either through mediation to reach an agreement regarding your parenting plan or to help you gain full custody and child support in court.

Learn more about the different types of custody and factors that go into determining who will win child custody below.

Types of Custody Arrangements

There’s no one-size-fits-all custody arrangement; the terms of your final custody plan are supposed to be tailored to meet the needs of your family.

The final custody order should normally address both physical custody (which parent the child lives with) and legal custody (which parent has the right and obligation to make decisions about the child’s upbringing).

Most custody orders divvy up custody in one of the following ways:

• sole legal custody and sole physical custody to one parent
• sole physical custody and joint (shared) legal custody
• joint physical custody and joint legal custody, or
• sole legal custody and joint physical custody (rare).

When an order specifies that one parent has sole physical custody, the judge will typically create a visitation schedule to ensure the child has the opportunity to enjoy a meaningful relationship with the noncustodial parent.

Who Decides Custody?

As is the case with most family law issues, courts will give a lot of weight to any agreements that parents reach regarding child custody. If parents can work together to achieve a fair and proper custody arrangement, the judge will likely adopt it into a court order. Working together is the best opportunity for parents to control what happens to their families after a separation or divorce.

If you’ve tried talking with your spouse or participated in child custody mediation, but you still disagree on how to allocate custody and visitation, the court will decide for you. In most states, the judge must investigate and apply specific factors to every custody decision. Once the judge enters a child custody order, it is binding on and enforceable by both parents, even if one disagrees.

How Courts Make Custody Decisions

Almost all courts use a standard that gives the “best interests of the child” the highest priority when deciding custody issues. What a judge considers to be in the best interests of the child depends on many factors, including:

• the child’s age, sex, and mental and physical health
• each parent’s mental and physical health
• each parent’s lifestyle and other social factors,
• the emotional bond between each parent and child, as well as each parent’s ability to give the child guidance
• each parent’s ability to provide the child with food, shelter, clothing, and medical care
• the child’s established living pattern (school, home, community, religious institution)
• the quality of the child’s education in the current situation
• the impact on the child of changing the status quo, and
• the child’s preference if the child is mature enough to express an opinion.

Assuming that none of these factors favors one parent over the other, most courts tend to focus on which parent is likely to provide the child with a stable environment and better foster the child’s relationship with the other parent. When the child is young, this might mean awarding custody to the parent who has been the child’s primary caregiver. With an older child, the court’s best interests evaluation might lean in favor of the parent who can foster continuity in education, neighborhood life, religious life, and peer relationships.

In tough child custody cases—such as those where one parent is claiming that the other is “unfit”—judges might order a child custody evaluation. Parents can request a custody evaluation even when a judge doesn’t. A child custody evaluator can provide information and recommendations that will help the judge decide what’s in the child’s best interests.

Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?

Generally, the court will consider a parent’s sexual orientation only if it negatively impacts the child. For example, suppose a child’s parent enters into an abusive relationship with a same-sex partner, causing the child to experience domestic violence that requires frequent moves between homes, hospitalizations, or police intervention. In that case, the court is less likely to award custody to that parent. Instead, the court will allocate parental responsibility to the other parent if the judge finds that parent to be “fit” under the law.

However, lesbian, gay, or transgender parents might still experience discrimination from judges who can’t set aside their own prejudices when evaluating what’s in a child’s best interests. These judges might be motivated by their own or community prejudices and might try to conceal the true reasons for their decisions by citing issues other than the lesbian or gay parent’s sexual orientation to deny custody or appropriate visitation.

Attorney Renken can help you win custody in your divorce case. Reach out to us today to learn more about how to resolve your divorce issues.

Affordable Family Lawyer Serving Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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One of the most common questions divorcing parents ask is: How Can I Strengthen My Case For Custody?

Child custody can be a very sensitive subject for families to take on. Not only are the emotions of both parents on the line, the welfare of any child involved is also.

You may feel frustrated and unsure of how to go about proving that you are the better suited parent for custody. It is important that you navigate this situation delicately, involving your children as minimally as possible.

Working with an experienced family law attorney can help you to make a strong case for why you are the parent that should be awarded custody. Attorney Dawn Renken is familiar with child custody cases in Texas and can provide your with the information and guidance you will need to make the most informed choices for your child.

Understand the ‘Better Parent’ Standard

A lot of parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Others would prefer to have sole custody for other reasons.

However, any parent hoping to win child custody should realize that there is a higher burden of proof for the parent seeking sole custody. Factors that play a role in this decision:

Courts don’t want to interfere in parent/child relationships: Most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child.

One parent must be established as a better parent: To award sole custody, the courts have to establish one parent as the ‘better parent,’ which can be difficult to do, particularly if both parents have been involved up until this point.

The burden of proof is on you: As a result, any parent seeking sole custody has to prove that he or she is best able to care for a child, with or without the assistance of the other parent.

From a judge’s standpoint, parents should not be “trashing” one another during a child custody hearing. Instead, the parent seeking sole custody should focus on proving that he or she is the better parent without attacking his or her counterpart.

Prove You’re the Better Parent

Parents seeking sole custody should focus on the following factors to support a sole custody petition:

• The physical well-being of the child: For example, focus on your child’s routine, sleeping habits, eating schedule, and after-school activities. Judges tend to notice parents who encourage a healthy lifestyle.
• The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child’s ongoing relationship with the other parent.

If you are still wondering, “How Can I Strengthen My Case For Custody?” Set up a consultation with our legal team. We will work with you to tackle your custody issue and support the best interests of the child.

 

Affordable Family Lawyer Serving Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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The impact the Coronavirus has had on our lives is unprecedented. Beyond the actual illness itself, the social response we have taken in attempts to prevent further spreading of the virus has left many without work. In these trying times, we are doing the best we can to pick up the pieces and continue living our lives. There is much uncertainty as we tread along towards the future, discovering how to maintain our obligations and care for ourselves and others. If you have experienced a change in your work schedule or have been laid off, due to Coronavirus, you may be wondering how you will be able to pay your bills, including child support. At Renken Law Firm, we are here to help those facing Coronavirus related layoffs that trigger the need for child support modifications.

 

The health and wellness of our clients is our top priority. We are offering all of our legal services through safe telecommunication in order to follow and respect all social distancing boundaries put in place by our government. Our services have been made convenient so that you are able to get the top legal services in Houston from the comfort of your home.Our team can help you sort through and negotiate the specifics of your child support obligations and work to find solutions for your current financial situation, without you needing to come into the office. If you are looking to make an amendment or modification to your current child support agreement, while also doing your part to stay home and limit your social contact, Renken Law Firm can help! Once regular social gatherings have resumed, online divorce legal services will still be available for those with busy lives looking to take care of their needs without changing their schedule. Contact us today to learn more about how we can help you get through this difficult time and make the changes needed to your child support agreement.

 

In legal cases involving a child, especially in modification of custody or child support cases, Texas Courts will always work to protect and promote the best interest of the child or children involved in the case, above all else. This is a broad guiding principle used to determine all orders with an impact on the children. Courts are much less concerned about what a parent wants or needs in their divorce or custody agreement, putting their primary focus on what benefits the children in the case. Do not face this difficult time on your own, instead contact Renken Law Firm today.

 

Child Support Legal Support in Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #618
Houston, TX 77092
(713) 956-6767
https://therenkenlawfirm.com
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