Child Support Enforcement in Bexar County
Child support enforcement in Bexar County, Texas, refers to the legal processes and actions to ensure that non-custodial parents fulfill their financial obligations to support their children. In Texas, child support is governed by state laws and custody agreements established in family courts.
A Motion for Enforcement is the term for proceedings that are brought to force a person to obey a court order. If one party fails to comply with the court order, a Motion for Enforcement to bring the non-compliance to the court’s attention is filed. The court will review the evidence produced listen to testimony and decide on the Motion for Enforcement.
The type of orders the court will enforce are:
- Child Support
- Possession and access to children
- Property Division
- Post-Divorce Maintenance
Here are some key points about child support enforcement in Bexar County and the surrounding counties:
- Establishment of Child Support: Child support orders are established through the Texas Office of the Attorney General (OAG) or family court. The amount of support is usually based on guidelines that consider the income of the non-custodial parent and the needs of the child. The most current order will need to be provided to your legal team.
- Enforcement Actions: If a non-custodial parent fails to pay child support, several enforcement actions can be taken. Some of the actions include initiating wage garnishments, interception of tax refunds, or even suspension of professional licenses and driver’s licenses.
- Documents Needed: Provide a timeline that includes dates of missed payments, your child support portal print, and other documents providing the missed payments need to be provided to your legal team.
What to expect with a Motion for Enforcement
A Motion for Enforcement is filed with the Court. The motion will outline the specific violations of the court order not being followed with the specific provisions of the order that is being violated. Lastly, the requested relief for the infractions will be listed in the motion.
After the Motion for Enforcement and a Request for Process (becomes a Citation of Service) is filed with the Court, the Court will review and accept the motion if all the elements are completed. The Court will send the file-stamped Motion for Enforcement and Citation back to your legal team who then forward it to the process server.
Once the opposing party has been given service and proof of that is filed with the Court a hearing will be held. You will appear for the hearing; evidence is presented to the judge from both sides and the judge is tasked with making a decision.
The judge will render their decision and an order will be drafted, circulated, and signed by all parties to include the judge.
Whether it is a motion of enforcement of support or possession, the party bringing the lawsuit wants to find the person in contempt of court for having failed to follow what the judge previously ordered. If a person is found in contempt of a court order, the judge has discretion on how the person will be punished.
If you are dealing with a child support enforcement issue in Bexar County or the surrounding counties, it may be beneficial to consult with a family law attorney who is familiar with local laws and procedures. Book your appointment today with the Denis Law Group.