In family law cases where child support has been ordered, there may be occasions on which the obligation becomes delinquent. This can be frustrating for a parent who depends on that support to care for a child. However, there may be issues affecting the noncustodial parent’s ability to pay. A layoff or serious illness, for example, could affect that parent’s income and lead to problems in meeting many obligations, including child support.
An individual faced with the inability to follow through on a child support obligation should bring the issue to the attention of the court overseeing the case, especially if the adverse situation will be long-lasting. However, there are cases in which a parent purposefully avoids paying the support due. If the issue continues, enforcement of the child support order may be necessary.
The motion requesting enforcement should explain in concise language the provision that has been violated, the way in which the obligor has failed to comply, and the relief requested by the parent moving for enforcement. Either the moving party or its lawyer must sign the motion requesting relief. Information concerning the amount required to be paid under the original order as well as the amount that is in arrears must be included. In cases of a child who receives certain types of assistance, there may be a request for payment of arrearages via a court-ordered plan.
Because legal problems can mount in cases of non-payment of child support obligations, an individual who owes support and experiences a significant change in circumstance may want to request a modification promptly upon experiencing such changes. A lawyer may help in filing a motion for a modification and presenting evidence of the changes in court.
Source: Texas Constitution and Statutes, “CHAPTER 157. ENFORCEMENT“, October 28, 2014