San Antonio Child Support Collection Lawyer

Are You Owed Unpaid Child Support?

In family law cases where parents choose to divorce or where unmarried parents end their relationship, a parent will typically be required to pay child support. When a child support order is issued in family court, a parent has a legal obligation to pay the amount owed. In cases where a parent fails to make the required payments, the other parent may need to take legal action to enforce the court's requirements. In addition to meeting their requirement to make ongoing payments, a parent will need to pay any past-due child support that is owed, and interest may apply until the amounts owed are paid in full.

Brandon Wong & Associates is a family law firm you can trust to help you collect the money to which you are entitled. Our attorneys have represented clients in numerous cases involving child support and other family law issues, and we have also litigated and testified as experts in cases in front of the Texas Supreme Court. With our strong knowledge of the laws related to child support, our experience representing clients in complex cases, and our focus on finding solutions that will protect children's best interests, we can help you resolve these matters successfully.

Collecting Unpaid Child Support

Child support is a legal obligation that must be paid, but the laws and the process regarding child support collections can be 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 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, such as the loss of a job, but these modifications must be authorized or approved by a judge. Until changes are put in place by a court order, a parent is required to continue paying child support, and they must make up any past-due payments that are owed.
• Can I still collect unpaid support after my child has turned 18? While a parent's obligations to pay ongoing child support will terminate when a child turns 18 or graduates from high school (whichever occurs later), the parent will still be required to pay any child support that is owed. There is no time limit for collecting past-due support, so you will be able to collect unpaid child support for children who are now adults.
• Am I entitled to interest? Yes. According to the Texas Attorney General, a 6 percent interest rate applies to unpaid child support.
• What if the noncustodial parent refuses to pay the back support? You may have multiple options for enforcing a child support order and collecting the amount owed. 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. If the other parent files for bankruptcy, they may be able to eliminate other debts, but past-due child support will still be owed, and continuing child support obligations will remain in place.
• Can the non-custodial parent negotiate an out-of-court settlement to reduce the amount owed? No. Texas law prohibits a parent from bargaining away their debt. The full amount owed must be paid, plus any interest that applies.

Contact Our Bexar County Child Support Collection Lawyers

If you have unpaid support that you need to collect, our attorneys can help you determine your best options. We will ensure that you take the correct steps to enforce a child support order and make sure you will have the financial resources necessary to meet your children's needs. Call our office at 210-201-3832 or set up a consultation by contacting us online.