Order Enforcement

Yes, a Texas judge can enforce a child support order against a parent living outside of Texas under certain circumstances.

This is made possible through the Uniform Interstate Family Support Act (UIFSA), which provides guidelines for how states can work together to enforce child support orders when parents live in different states.

For a Texas court to enforce a child support order against an out-of-state parent, the court must establish “personal jurisdiction” over that individual. Personal jurisdiction is another way of saying that the Texas court has the legal authority to make decisions affecting the nonresident parent. According to the Texas Family Code, personal jurisdiction can be established in several ways:

• Service of Citation: If the nonresident parent is personally served with legal papers while physically in Texas, the court can claim jurisdiction.
• Consent: If the nonresident parent agrees to the jurisdiction by consent, such as by participating in court proceedings, filing legal documents, or entering an appearance in the Texas court.
• Residency Ties: If the nonresident parent lived with the child in Texas, or if they lived in Texas and provided support or prenatal expenses for the child, the Texas court may claim jurisdiction.
• Actions Leading to the Child’s Residence in Texas: If the child lives in Texas because of decisions made by the out-of-state parent, this could also establish jurisdiction.
• Other Acts in Texas: Even if the child was conceived in Texas or if the parent registered as the child’s parent in Texas, these actions can provide grounds for jurisdiction.

In cases where jurisdiction is established, we recommend working with an experienced family law attorney to navigate the complexities of interstate child support enforcement. An attorney can help ensure that the child support order is enforced effectively, protecting your child’s right to financial support.

You’re not required to hire an attorney to file a child support enforcement action in Texas, but having one on your side can make the process smoother and more effective.

The attorney general’s office in most cases will handle child support enforcement for free.

An attorney who specializes in family law can take the time to understand your unique situation, explain your rights, and guide you through the legal process with ease. They can work with you to create a personalized strategy, whether that means negotiating with your ex-spouse to find a solution or, if necessary, filing contempt proceedings to ensure the child support order is enforced.

An attorney can also help you gather and organize the essential documentation, like payment records and communication logs, to build a strong case. Should your case go to court, your lawyer will advocate for you, working to make sure the child support order is upheld and that you receive the payments you  deserve to support your child. If the paying parent continues to fall short, your attorney can explore additional legal steps, such as modifying the child support order or asking the court to impose penalties like fines or even jail time for non-compliance.

In short, while you can handle the process on your own, having an attorney can give you peace of mind and increase your chances of a positive outcome.  However, for cost savings, the attorney general is a good option to consider.

No, you cannot legally prevent the non-paying parent from exercising their visitation rights, even if they are not paying child support. Under Texas law, child support and visitation rights are treated as separate issues. This means that failure to pay child support does not give you the right to deny the other parent access to their child.

It’s crucial to continue following the court-ordered visitation schedule, regardless of the other parent’s compliance with their child support obligations. If you attempt to withhold visitation, you expose yourself to potential legal consequences. The non-paying parent might counter your enforcement action with one of their own, claiming that you are in violation of the court order regarding visitation. Such actions could lead to civil liability or criminal charges, particularly if the other parent accuses you of interference with possessory interest in a child.

If you’re facing challenges with a non-paying parent, it’s advisable to consult with a family law attorney who can guide you through the process and ensure that your rights, as well as your child’s best interests, are protected. You can also contact the attorney general’s office for assistance. Your attorney can help you take the appropriate legal steps to enforce the child support order while ensuring that you remain compliant with the visitation schedule, thereby strengthening your position in court.