When a court orders child support, it becomes a legal obligation through which a parent supports the child’s well-being and stability. Unfortunately, the child suffers when a parent fails to fulfill their legal and financial responsibilities. Failing to pay child support can have severe legal, economic, and personal consequences that can significantly impact the non-custodial parent. While it is not impossible to recover from falling behind on payments, failure to pay support can result in various penalties that complicate the non-custodial parent’s ability to fulfill their obligations.
What Happens If You Don’t Pay Child Support?
Failing to pay child support can set off a series of enforcement actions to ensure the child receives the financial support they need. The Texas Child Support Division of the Office of the Attorney General enforces child support orders, and these actions can range from withholding incomes from various sources to incarceration in severe delinquency cases. Parents who are required to pay child support must familiarize themselves with the potential legal penalties for failure to pay.
Consequences of Not Paying Child Support
There are various legal penalties for not paying child support that can significantly impact your work and finances, including:
- Wage Garnishments – One immediate action against delinquent parents is wage garnishment. This means the court can instruct your employer to withhold a portion of your salary directly to cover the past-due child support payments. While this ensures regular and timely payments, it can significantly reduce your take-home pay.
- Tax Refund Interception – The government can intercept your federal and state tax refunds to cover unpaid child support. This measure ensures that any excess income you receive through tax refunds goes toward fulfilling your child support obligations.
- License Suspension – Failure to pay child support can lead to the suspension of various licenses, including your driver’s license, professional licenses, and even recreational licenses like hunting or fishing permits. Losing licenses can disrupt your daily routines and impede your ability to work.
- Passport Denial – The State Department can deny a new passport application or a passport renewal if you owe a substantial amount in child support arrears. This enforcement action restricts your ability to travel internationally.
Penalties for Unpaid Child Support
In addition to income withholding and license suspensions, other financial penalties for not paying child support can negatively impact your finances. These include:
- Credit Score Damage – Unpaid child support can negatively impact your credit score. Credit bureaus can receive reports of delinquent payments, leading to a lower credit rating. A poor credit score can affect your ability to secure loans, credit cards, or even housing, creating long-term financial challenges.
- Property Liens – The court can place liens on your property, such as your home or car, to secure unpaid child support. You must pay off these liens before you can sell or refinance the property, further complicating your financial situation and limiting your asset liquidity.
Additional Enforcement Actions for Delinquent Child Support
Failing to meet court-ordered obligations can result in further penalties related to child support arrears, including:
- Added Legal Costs – Non-payment of child support can lead to additional consequences, including attorney and court costs. If the custodial parent takes legal action to enforce the support order, you may have to cover these expenses, adding to your financial burden.
- Increased Payments – Courts may increase your child support payments to cover the arrears, which can create further financial strain. The added financial pressure can make catching up on missed payments even harder, perpetuating a cycle of debt and enforcement actions.
- Bank Account Seizure – Authorities can seize funds directly from your bank accounts to cover unpaid child support. This action can be sudden and unexpected, potentially leaving you without little or no money until the arrears are paid.
Impact of Not Meeting Child Support Obligations
Aside from the financial and legal ramifications of failing to pay child support, there are other non-economic consequences, including:
- Relationship Strain – Failing to meet child support obligations can strain relationships with your children and the custodial parent. Financial stress and legal battles can create an environment of tension and conflict, impacting your family dynamics.
- Emotional Toll – Dealing with enforcement actions, legal penalties, and financial strain can take an emotional toll. Anxiety and worry about potential legal consequences can affect your mental health, adding to the difficulties of resolving your financial obligations.
Texas Laws Regarding Unpaid Child Support
According to Texas law, it’s illegal for a parent to evade child support when legally required to pay by an active court order. In extreme child support evasion cases meeting specific requirements, the Texas Office of the Attorney General can publicly identify individuals who are delinquent in their payments. This public identification aims to enforce compliance and hold non-paying parents accountable. Required conditions for public identification include:
- Arrest Warrant Issuance – The non-custodial parent must have an issued arrest warrant for unpaid child support.
- Delinquent Child Support – The non-custodial parent must owe more than $5,000 in court-ordered child support.
- Avoiding Apprehension – The non-custodial parent is avoiding apprehension by law enforcement.
- Lack of Regular Payments – No regular child support payment from the non-custodial parent has been made in the last six months.
- No Bankruptcy or TANF Involvement – The non-custodial parent cannot be involved in bankruptcy proceedings or receive Temporary Assistance for Needy Families (TANF) benefits.
- Confidentiality Waiver – The custodial parent must sign a confidentiality waiver allowing certain information to reach the public.
- Photograph Availability – A photograph of the non-custodial parent must be available for public identification purposes.
Contact an Experienced Family Law Attorney
Handling child support payments can be stressful, and the consequences of not meeting child support obligations can drastically impact the custodial and non-custodial parents and the child. Taking proactive steps can help mitigate the risks and avoid falling behind on payments. The Austin child support attorneys at Smith & Bledsoe Family Law help parents with various issues relating to child support. With our compassionate support and legal guidance, you can feel confident and assured that we’re handling your case with the utmost care. Call us at (512) 764-1044 today or contact us online for your free case evaluation.