When parents divorce and child support and custody/visitation decisions are made, the court issues orders codifying them. These, like any court orders, are to be followed. If they aren’t, there can be legal consequences.
That means if a parent isn’t paying their court-ordered child support or adhering to the custody order, the other parent can turn to the justice system for help. Certainly, that’s considered a last resort. It’s best for everyone if parents can work out the matter on their own, with the help of their legal representatives. Unfortunately, that’s not always possible.
How are child support orders enforced in Texas?
The Child Support Division of the Office of the Attorney General (AG) ultimately enforces child support orders. They have a variety of ways to do that. These include suspending driver’s and other types of licenses (both professional and recreational). They can even prevent a parent from obtaining or renewing a U.S. passport.
They can also place a lien on everything from properties to bank accounts and other assets. A last resort is arresting a parent and potentially even incarcerating them for being in contempt of a court order.
Enforcing a possession order
Note that the Office of the Attorney General does not enforce orders regarding child custody and visitation (often known as possession orders). A court, however, can enforce the order if a motion for enforcement is made.
As with child support, it’s typically best for parents to try to resolve custody and visitation disputes on their own. If a co-parent isn’t abiding by the order, it’s important make sure that its terms are clear and both parents understand it the same way.
If a parent simply isn’t abiding by it (for example, taking the child outside the state without notification or repeatedly refusing to return the child at the designated time) and seems to have no intention of abiding by the order, the only recourse may be a motion for enforcement.
As noted, getting the AG’s office or the court involved generally should be a last resort. The best way for a parent to determine whether they’re at that point (and to help prevent a situation from getting there in the first place) is to get legal guidance as early as possible.
