“If your ex-spouse isn’t paying the child support they owe you, what is the best way to collect those child support payments?”
One of the remedies available in a child support enforcement action is contempt. If you can hold a party in contempt for refusing to make child support payments, they are subject for being sentenced to jail. When you’ve got that hanging over somebody’s head, that helps us collect more child support than anything.
There are other remedies that can be effective at times. You can get a judgment against your spouse, but you’ve got to collect it just like any other judgment. When a child support arrears accrue, a lien automatically attaches; you can send a notice and put liens on bank accounts, retirement accounts, and real estate. As long as the property is not exempt, you have a lien by operation of law.
If a child support obligor is at least three months behind in their child support, you may attempt to suspend or revoke any licenses that have been issued by the state of Texas, including a driver’s licence, a medical license, or a law license. The threat of having that license suspended or revoked as a result of the child support arrears can also be an effective tool.
Brian Loughmiller is a partner at the McKinney, Texas law firm of Loughmiller Higgins. Serving family law clients throughout North Texas and the DFW Metroplex area, Brian and his partner, Eric Higgins, have 47 years of combined trial experience. One of the top family lawyers in the state, Brian has been recognized as a Super Lawyer every year since 2005.
Eric Higgins is a family attorney serving residents of North Texas and the DFW Metroplex area who have family law concerns and divorce issues. Eric and his partner, Brian Loughmiller, have over 47 years of combined trial experience, which provides their firm with the experience necessary to guide divorcing clients through what can otherwise be a challenging and confusing process.