How Far Behind On Child Support Before Jail In Texas

May 17, 2022

How Much Back Child Support Is A Felony In Texas

How Much Child Support Can You Owe Before Going To Jail In Texas

People have been ordered by courts to pay hundreds of thousands of dollars in past-due child support and even made to serve time in jail for not paying child support. Even celebrities have not been able to escape their child support obligations. This is because child support is a serious issue because raising a child is very expensive.

The custodial parents often have to cater to the child’s needs which include expenses such as health care, shoes, clothes, food entertainment, and more. These costs continue to grow as the child gets older.

Who Is An Obligor?

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The noncustodial parent is also called an obligor in Texas. An obligor is expected to pay child support, and the amount they pay is determined by their net income.  The net income is multiplied by a percentage that is determined by the number of children the obligor has. You can use the child support guideline to calculate an estimate of what you may have to pay for child support.

But courts are not bound by these guidelines and can order you to pay more than what the guideline says you should pay. This is because your net resources are capped at a specific amount. So, for example, a person earning a minimum wage may only have to pay a smaller amount a month in child support per child. There is also a maximum amount that limits how much you may pay every month per child. Contact an attorney to inquire about each specific amount.

In addition to that, the obligor has to provide health insurance for the child and other medical expenses.

Steep Penalties For Past Due Child Support

Past Due Child Support Texas

How Far Behind On Child Support Before Jail In TexasThe Texas legislature views child support as one of the worst debts that anyone can owe. That is why you cannot discharge child support in bankruptcy, which means you still have the obligation to pay even if you file for bankruptcy. People in the military face harsher penalties if they do not pay child support.

There are steep consequences for any obligor that does not child support in a timely manner.  The obligee or the person that receives the payment from the obligor can request the attorney general to help enforce child support.  The attorney general may sue the obligor so that the obligor can be forced to fulfill their child support obligations.

The oblige could also just hire a family law attorney to help them enforce their child support.  An obligor that has been found to be owing child support may be ordered by the court to pay attorney fees for the enforcement.

How A Court May Punish An Obligor For Past Due Child Support

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The following are some punishment options the court may use:

  • The court may find the obligor to be in contempt of court and sentence the obligor to jail, community supervision, and fine the obligor
  • The court may order wage garnishment of the obligor, which involves automatically deducting child support payments from the obligor’s wages
  • The court may order financial institutions to release funds to the oblige until past-due child support is paid in full
  • The court may decide that all the past due child support payments be paid through liens and levies on financial institutions and even on the obligor’s tax returns

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