Child Support Blues
“Well, I had just got out from the county prison/Doin' ninety days for non-support.” I was driving last week with the windows down, playing Jim Croce as I headed towards lunch with some friends, and I realized something about the lyrics I have heard since I was a child, and could quote verbatim: Jim Croce was singing about not paying his child support, and going to jail for it. While jail is an option for people that do not pay their child support, incarceration is usually a later resort as opposed to the first consequence.
Here in Texas, the Office of the Attorney General enforces child support orders, and they have a number of methods to do so. They are connected with over 60 agencies here in Texas that control licenses, and it’s not just your driver’s license: hunting, fishing, even the professional license you need in order to operate your business can be suspended if your court ordered child support is not paid. Another option is passports. Remember the trip you want to take with your kids? You may be grounded, or at least stuck in the US if you cannot renew your passport due to child support arrears. (Granted, one may question why you are taking them on a vacation if you cannot pay child support, but that’s another issue.) The AG’s Office can also put liens on your property including properties, bank accounts, retirement plans, life insurance plans, personal injury claims, insurance settlements or awards, and other assets. Your tax returns can also be seized to pay arrears.
Of course, if none of those methods work, there are semi-criminal consequences. This can involve wage garnishment, contempt charges (judges REALLY do not like it when you ignore their rulings), probation, and yes, much like Jim Croce, incarceration. While it is usually one of the final steps, it is a potential remedy. Most courts would prefer to see parents chose to support their children, and putting someone in jail is kind of counterproductive: If you are in jail, you cannot work and earn the money to support your children. However, when all other methods have been exhausted, taking someone’s freedom may be the only move left. Here at Newton Law PLLC, we are happy to help you explore what remedies are available to you as we take care of your family law needs.
