Defending Against a Motion to Enforce Child Support in Galveston County

Life happens—job changes, unexpected expenses, or miscommunications can all lead to challenges in meeting child support obligations. If you’re in Galveston County, TX, and dealing with this issue, we’re here to provide straightforward guidance and advocate for you.

Our focus is on ensuring the court understands your side of the story while working toward a fair and practical resolution that supports both you and your child.

What to Know About Child Support Enforcement in Texas

In Texas, child support orders are legally binding court judgments. If a parent fails to make timely and complete payments as required, the other parent or the state can take enforcement action to recover the unpaid amounts, known as “arrearages.”

The enforcement process typically begins with the filing of a Motion to Enforce Child Support with the court. This initiates a legal proceeding where the court will determine whether the non-paying parent should be held in contempt for violating the support order.

The party seeking enforcement must prove to the court that the other parent had the ability to pay support but willfully failed to comply with the order. The allegedly delinquent parent then has the opportunity to assert defenses and present evidence. If contempt is established, the court has the discretion to impose various penalties to coerce compliance.

What to Expect at an Enforcement Hearing

An enforcement action starts with the filing of a Motion to Enforce and service of notice on the non-paying parent. The motion will outline the specific support provisions allegedly violated and the remedies being sought.

The case will be set for hearing before a judge. At the hearing, the parent who filed the motion has the burden to prove:

• A valid child support order was in place
• The amount of arrearages owed
• The other parent had the ability to pay
• The failure to pay was intentional

Both parents will have the chance to testify, present evidence, and call witnesses. The accused parent may assert defenses and must be given the opportunity to “purge” the contempt by paying the overdue support.

After hearing the evidence, the judge will decide whether the parent should be held in contempt. If contempt is found, the judge may impose fines, set a payment schedule, place a lien on the property, and, in some cases, order jail time until the amount owed is paid. The court may also award attorney fees to the prevailing party.

Potential Consequences of Child Support Enforcement

The legal penalties for non-payment of child support can be severe. A parent found in contempt faces a range of potential repercussions:

• Monetary fines, court costs, and attorney fees
• Liens on real estate, vehicles, and bank accounts
• Seizure of tax refunds, lottery winnings, and other assets
• Suspension of driver’s, professional and recreational licenses
• Negative credit reporting
• Jail time of up to 6 months per violation
• If overdue support exceeds $2500, it may be a felony with up to 2 years in prison

In addition to these court-imposed penalties, failure to pay child support can have other consequences like straining co-parenting relationships, disappointing your children, and limiting your future job prospects.

The best way to avoid an enforcement action is to stay current on your child support payments. But if you do find yourself unable to pay due to a job loss or other unforeseen circumstances, be proactive. Communicate with the other parent, continue paying what you can, and promptly request a modification from the court.

Defenses to a Motion to Enforce Child Support

If you have been served with a Motion to Enforce Child Support, it is crucial to respond promptly and assert any applicable defenses with the help of a skilled attorney. Some common defenses in child support enforcement cases include:

Inability to Pay

A primary defense to contempt is demonstrating that you lacked the financial means to fully comply with the child support order. This requires documenting a significant change in circumstances, such as job loss, reduction in income, or major new expenses, that prevented you from meeting your support obligation despite good faith efforts.

The court will evaluate your current financial situation and history of payments to determine whether contempt is appropriate. Evidence of your inability to pay may include:

• pay stubs
• tax returns
• bank statements
• job applications
• medical records

Inaccurate Accounting

In some cases, the alleged arrearages may be inaccurate due to miscalculations, misapplied payments, or failure to credit in-kind support. If you believe the amount of overdue support claimed is wrong, gathering a thorough payment history and supporting documentation is key.

Your attorney can help you request an audit of the payment record maintained by the state disbursement unit and the other parent. Through the legal discovery process, your lawyer can also subpoena bank records and other evidence of payments made to identify and correct any discrepancies in the accounting.

Verbal Agreement to Modify Payments

While the court strongly prefers that any changes to child support be formally modified through the legal process, sometimes parents reach an informal agreement regarding payments. If the other parent verbally agreed to accept reduced payments or defer support for a period of time, you may be able to assert this as a defense to contempt, though judges tend to view such arguments skeptically absent clear evidence.

Your attorney can help you gather proof of the verbal agreement and the other parent’s acceptance of the alternative payment arrangement, such as texts, emails, or witness testimony. The court may consider this evidence in determining whether you acted willfully in failing to fully comply with the original support order.

Maximizing Your Chances of a Successful Defense

If you are facing a child support enforcement action, there are steps you can take to improve your legal position and demonstrate good faith to the court:

• Consult with an attorney as soon as possible to assess your case and start building your defense strategy.
• Be proactive in communicating with the other parent and the Child Support Division about your change in financial circumstances and efforts to pay what you can.
• Provide detailed documentation of your income, expenses, assets, and liabilities.
• Continue to make partial payments to the best of your ability as a show of cooperation.
• Propose a reasonable payment plan for catching up on the arrearages over time.
• Pursue a formal modification of child support if you have experienced a substantial change in income that makes the original order unrealistic.
• Maintain a civil and respectful attitude in your dealings with the other parent and the court.

At the enforcement hearing, your attorney will present your defenses, introduce supporting evidence, and cross-examine the other parent on their claims. The judge will hear testimony from both sides and review the documentation before making a ruling on contempt and any penalties, payment plans, or modifications to the child support order.

Protect Your Rights with a Family Law Attorney

Child support enforcement cases are serious matters that require experienced legal representation. At the Law Office of Aimee Stritchko, we have a track record of successfully defending parents in Kemah and throughout Galveston County against Motions to Enforce Child Support.

We know how to assert your rights, highlight your good faith efforts, and pursue a fair resolution that works for your family.

Don’t face child support enforcement alone. Contact us today to schedule a confidential consultation with one of our knowledgeable family law attorneys. We are here to listen to your story, explain your options, and provide the dedicated advocacy you deserve.