Unpaid Child Support, Arrearage Payments, and Accrued Interest with Rudd Legal

Welcome to Rudd Legal - Your Trusted Texas Family Law Firm!

At Rudd Legal, we recognize the critical importance of ensuring that child support obligations are not only established but also consistently met to secure the well-being of your child. If you find yourself facing challenges related to unpaid child support, arrearage payments, accrued interest, or defending against a child support enforcement suit, our dedicated team is here to offer comprehensive information and expert legal assistance tailored to your unique situation.

Enforcing Unpaid Child Support:

Unpaid child support can have far-reaching consequences, impacting the financial stability of both the custodial parent and the child's quality of life. In Texas, child support enforcement mechanisms are robust, including:

1. Income Withholding Orders: These orders, often known as wage garnishment, empower the state to direct the noncustodial parent's employer to deduct child support payments directly from their paycheck, ensuring consistent payments.
2. Liens and Property Seizures: Texas law permits the placement of liens on the noncustodial parent's assets, which may include real estate, personal property, or even financial accounts. Additionally, assets can be seized to satisfy child support arrears.
3. License Suspension: The state can suspend various licenses, such as driver's licenses, professional licenses, or hunting and fishing licenses, compelling compliance with child support orders.
4. Contempt of Court: In cases of willful non-payment, a noncustodial parent may be held in contempt of court, which can result in fines, penalties, or, in some cases, incarceration.

Defending Against a Child Support Enforcement Suit:

If you're facing a child support enforcement suit, it's crucial to understand your rights and explore your legal options:

1. Legal Counsel: Seek legal representation promptly. An experienced family law attorney can assess your case, provide guidance, and advocate on your behalf.
2. Modification of Orders: If your financial circumstances have changed significantly, you may be eligible for a modification of the child support order to reflect your current situation.
3. Contesting Arrearage Amounts: It's essential to review the arrearage calculations for accuracy. Errors or discrepancies can be addressed through legal channels.
4. Negotiation and Settlement: In some cases, negotiations and settlements with the custodial parent or state agencies may be possible to resolve child support arrears without the necessity of appearing for a contested hearing.

Arrearage Payments and Accrued Interest:

Understanding the implications of arrearages and accrued interest is crucial in addressing unpaid child support:

1. Interest on Arrearages: When a court determines that a parent owes back child support, it may also order interest to be applied to the arrearage balance. The interest rate is established by state law and can accumulate on the unpaid balance over time.
2. Payment Plans: Courts can establish structured payment plans to facilitate the gradual repayment of arrearage amounts. These plans often require regular payments in addition to ongoing child support obligations.
3. Tax Refund Intercept: The Texas Child Support Division has the authority to intercept federal income tax refunds as a means of satisfying child support arrears.
4. Credit Reporting: In some cases, arrearages may be reported to credit agencies, potentially affecting the noncustodial parent's credit score.