Family Law Enforcement Attorneys Serving Collin, Dallas, and Denton Counties
A court order is only as effective as the willingness to enforce it. When the other party stops paying child support, denies court-ordered visitation, or ignores other obligations set by a judge, you have legal options and we can help you use them.
At Hanshaw Kennedy Hafen, we handle enforcement actions for clients across Collin, Dallas, and Denton counties. Whether you are seeking to enforce an order or responding to an enforcement action filed against you, our child support enforcement attorneys in Collin County will assess your situation clearly and move forward with a strategy that protects your rights.
What Can Be Enforced Through the Courts
Texas family courts can enforce a wide range of orders, including:
- Child support payments and medical support obligations.
- Custody and conservatorship arrangements.
- Visitation and possession schedules.
- Division of property orders from a divorce decree.
- Outlining spousal support terms in the event of divorce.
- Spousal maintenance and alimony obligations
- Reimbursement for medical, educational, or other expenses ordered by the court.
If the other party is not complying with any of these, an enforcement action is the legal mechanism to hold them accountable.
How Texas Courts Enforce Family Law Orders
When a party fails to comply with a court order, the court has several tools available depending on the nature of the violation.
Contempt of Court
The most direct enforcement tool. A party found in contempt of court under Texas family law can face fines, payment of the other party’s attorney fees, and in serious or repeat cases, jail time. Contempt proceedings require filing a motion and appearing before the judge.
Wage Withholding
For child support violations, the court can order wages to be withheld directly from the non-paying parent’s employer. This is one of the most effective and common enforcement methods for ongoing support obligations.
License Suspension
Texas can suspend a driver’s license, professional license, or recreational license when a parent falls significantly behind on child support. This creates significant practical pressure to get back into compliance.
Tax Refund Interception
State and federal tax refunds can be intercepted and applied to past-due child support balances.
Tax Property Liens
A lien can be placed on real property or other assets owned by a party who owes past-due support or has failed to comply with a property division order.
Do Not Take Matters Into Your Own Hands
When the other party is violating a court order, it is understandable to feel frustrated. But responding by violating the order yourself will almost always make your situation worse, not better.
Do not withhold visitation because child support has not been paid. Do not stop paying support because you have been denied access to your child. Both obligations are independent of each other under Texas law, and violating one because of the other can result in a contempt finding against you.
If you are struggling to comply with an order due to a change in circumstances, talk to an attorney before you fall behind. A modification may be available. Acting unilaterally is not a legal remedy.
Defending Against an Enforcement Action
If an enforcement action has been filed against you, you need legal representation before the hearing. There are legitimate defenses available depending on the circumstances, including inability to pay, ambiguity in the order, or procedural issues with how the enforcement was filed. Our family court order enforcement attorneys serving North Dallas review every detail and present the strongest available defense on your behalf.
Frequently Asked Questions
Texas has strong enforcement tools for unpaid child support. The court can hold the non-paying parent in contempt, which can result in fines or jail time. Wages can be garnished, licenses suspended, and tax refunds intercepted. Unpaid support also accumulates as arrears with interest, so the longer it goes unaddressed the larger the debt becomes. If you need an unpaid child support attorney in Texas, we can help you take action.
No. In Texas, visitation rights and child support obligations are treated as separate legal matters. Withholding visitation because support is unpaid is itself a violation of the court order and can result in contempt proceedings against you. The correct approach is to file an enforcement action for the unpaid support while continuing to follow the custody order.
The timeline depends on the court’s docket and the complexity of the case. After a motion for enforcement is filed, the court will set a hearing date. In some counties this moves quickly, in others it can take several months. An attorney can help you file correctly and push the case forward as efficiently as possible.
Inability to pay can be raised as a defense in a contempt proceeding, but it must be proven. If the other party’s financial situation has genuinely changed, the appropriate step is to seek a modification of the order rather than simply stop paying. A court that finds willful non-compliance will not be sympathetic to excuses presented after the fact.
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