Are You Owed Unpaid Child Support?
Our Attorney Helped Write The Book On Enforcement And Collections
MARVEL & WONG, PLLC is a family law firm you can trust to help you collect the money you to which you are entitled. Karen Marvel, Board Certified in Family Law by the Texas Board of Legal Specialization, is seen as an authority on child support law. In addition to litigating or testifying as an expert in numerous cases in front of the Texas Supreme Court, providing guidance in hearings and drafting notes for legislation involving support matters.
Child support is a legal obligation that must be paid, but the laws and the process regarding child support collections are very complicated. If you are owed money, you may have many questions. Provided below are general answers to some frequently asked questions, but you should only rely on the advice of a highly qualified attorney for your particular situation.
- Does the other parent still owe the money even if his or her current financial situation makes it difficult to pay? Financial circumstances alone do not excuse individuals from their obligations. Child support payments can be modified based on a change in circumstances, but must be authorized or approved by a judge.
- Can I still collect unpaid support if my child has turned 18? There is no time limit on collections. You can collect unpaid child support for children who are now adults.
- Am I entitled to interest? Yes. You are entitled to the original unpaid amount plus interest.
- What if the noncustodial parent refuses to pay the back support? Texas law authorizes the use of collection tools such as wage garnishment, property liens, driver’s license suspension, interception of tax refunds or lottery winnings, and even jail time.
- Can unpaid debt get discharged through the bankruptcy process? No. Child support debt is not dischargeable under Chapter 7 or Chapter 13 for public policy reasons.
- Can the noncustodial parent negotiate an out-of-court settlement? No. Texas law prohibits a parent from bargaining away their debt.