How to Collect Child Support Arrears

Wooden gavel hitting a stack of hundred dollar bills.

Retrieving Past-Due Child Support

When a noncustodial parent misses child support payments, they deprive their child of essential financial support. Without the assistance, the child’s quality of life and care can be significantly impaired. If your coparent is consistently missing child support payments, the court or the Office of the Attorney General can get involved to help you retrieve your owed stipends.

Handling a Case in Court

Though the Office of the Attorney General (OAG) can make impactful moves to enforce child support payment, you can take certain steps for enforcement on your own with a private attorney. Doing so could allow you to bypass the wait times and potentially receive your past due payments sooner.

When you pursue the process through the court with a private attorney, you are able to address all violations of your court order. So, if your coparent isn’t just neglecting their child support responsibilities but is also failing to abide by your custody schedule, we can tackle both problems at the same time.

Additionally, when working with one of our attorneys, you have a personal representative fighting for you, your child, and what you deserve. When you work with the Attorney General, neither you nor your coparent are represented. Rather, the OAG simply represents the interests of the State of Texas.

By taking the issue to court, immediate actions could be taken to retrieve your child support:

  • Withholding a nonpaying parent’s paycheck
  • Issuing an order to suspend the nonpaying parent’s driver’s license and other professional certificates
  • Holding the nonpaying parent in contempt of court, which could lead to jailtime or probation

The court also gives you the ability to take further actions if they issue an order confirming the money you are owed. With this confirmation, you could file liens on bank accounts, insurance settlements, life insurance policies, personal injury claims, properties, retirement plans and other assets.

Enlisting the Help of the Attorney General

There are some actions that only the Attorney General can take to enforce your child support payments. The Texas Office of the Attorney General can take the following unique steps to enforce your child support agreements:

  • Deny passport applications and renewals
  • Intercept any lottery prizes issued by the Texas Comptroller’s Office
  • Report missing payments to credit reporting agencies
  • Intercept tax refunds or state benefits

The OAG may also help accomplish repayment using the same methods as a private attorney, such as by suspending licenses or withholding paychecks.

Paying Back Late Payments

Under Texas law, interest can accrue on missed child support payments. If the payment is considered delinquent, meaning it was not received within 31 days of the due date, it is subject to 6% simple interest per year from the date the support is considered delinquent.

Camille Borg Law, PLLC will help you fight to retrieve the financial support you need to adequately provide for your child. Reach out to us today to get started: (469) 646-7763.