Montgomery County Child Support Enforcement Lawyers, The Woodlands, TX

When a party fails to pay court ordered Child Support, an Enforcement Suit can be filed.  The term “Enforcement” means the act of compelling observance of or compliance with a law, rule, or obligation.”  The Enforcement Suit is the legal mechanism for giving the court the ability to make sure it’s orders happen and that the parties obey the order.  The court doesn’t automatically punish someone for failing to follow an order.  In fact, the court doesn’t have the power to act unless a suit is filed requesting the court to enforce its Order. 

In a family law case, involving child support, when a party fails to abide by the order of the court ( such as a Final Decree of Divorce, or Order in Suit Affecting Parent-Child Relationship), an “enforcement case” is filed requesting the court Family Court Judge to compel conformity with the provisions of the child support order.

An enforcement suit can be filed for a variety of reasons and the Texas Family Code provides different forms of relief depending upon the type of order to be enforce.  But as it pertains to child support, the Texas Family Code is very clear and detailed on the powers of the court and limits the excuses a nonpaying parent can have for failing or refusing to pay child support. 

Forms of Relief Available in an Enforcement Suit

The basic elements of relief available for Child Support Enforcement are as follows:

• Confirming the exact amount of Child Support Arrearages
• Receiving a Cumulative Money Judge for the unpaid child support
• Obtaining a Wage Withholding Order to withhold both current child support payments and additional payments to cover the arrearages
• Civil and Criminal Contempt
• Attorneys Fees

Civil and Criminal Contempt

Holding the nonpaying party in contempt is typically the main goal of an enforcement proceeding goal in filing an enforcement proceeding. 

There are two forms of Contempt:  Civil and Criminal.  Both forms can impose jail time. 

Civil Contempt

Civil contempt is essentially a jail sentence wherein the person held in contempt has the keys to let themselves out.  A classic example is where the court sentences a party to jail until they pay a lump sum on child support.  This individual could be in jail for a few hours or maybe a year.  It just depends on when they choose to comply with the court’s order. is a remedy the Court can impose to obtain compliance with its prior order.

Criminal Contempt

On the other hand, criminal contempt in a Child Support Enforcement is meant to be punishment, not coercion.  Criminal Contempt carries with it a penalty of 180 days in jail and a $500 fine for each violation.  Criminal contempt is characterized by an exact duration of incarceration and this is not impacted at all by the performance of a future act by the nonpaying party. 

Pursuing Contempt

Since contempt carries with it the consequence of imprisonment, there are a very strict rules and requirements that must be followed.  While some legal actions can be pursued without an attorney, Contempt is certainly not one of them.  In addition, it is crucial to find an experienced Child Support Enforcement and Collection Lawyer to represent your interests in an enforcement suit because the rules of contempt are so complicated that inexperienced family law attorneys have messed up contempt proceedings based on technicalities.  Nothing is more infuriating for a party that isn’t receiving child support to have the nonpaying parent, not only fail to pay support, but also escape any penalties due to a technical flaw in their Petition to Enforce Child Support Order.

The Child Support Enforcement Order levying confinement or fine for criminal contempt must include specific findings and conclusions identifying, establishing, or including by reference the terms of the child support order that was violated and for which the enforcement proceeding was filed and the date of each of the nonpaying parent’s failure to pay child support as ordered.   

Contempt Not Required for Other Remedies

While contempt is certainly an outcome that the Child Support Enforcement Lawyers at Nick Davis Law want to achieve for our clients, it is important to realize that a necessary for the court to carry out other enforcement measures.

Section 157.162 of the Texas Family Code addresses this issue:

(a)  The movant is not required to prove that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.

(b)  A finding that the respondent is not in contempt does not preclude the court from awarding the petitioner court costs and reasonable attorney’s fees or ordering any other enforcement remedy, including rendering a money judgment, posting a bond or other security, or withholding income.

Some other potential remedies include:

• Community Supervision (Probation)
• Judgment for Arrears
• Child Support Liens
• QDRO/withholding from retirement (child support)
• Bond
• License Suspension
• Writ of Execution
• Makeup Visitation
• Habeas Corpus (possession of child)
• Capias and Appearance Bond
• Additional Orders (by family court)
• Civil Remedies (i.e. breach of contract)

Schedule a Consultation

If you are seeking to enforce a Texas Child Support order contact the Montgomery County | Brazos County Child Support Enforcement Lawyers at Nick Davis Law in The Woodlands, TX and Bryan | College Station, TX at (936) 262-7474 for a Free Case Evaluation to learn your options and develop a case strategy for your child support case.

Nick Davis Law offers all prospective Montgomery County, Brazos, and Surrounding County, clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474 if you are in need of a Child Support Enforcement Lawyer for a case in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Texas Counties.