Child Support Enforcement: Family Law Attorney in Texas


Private actions to enforce child support with a Dallas and Fort Worth child support enforcement

The other option is to bring a private action through the normal family courts. The hearings on a private enforcement action are usually scheduled by the court thirty days out so the obligee can receive a favorable result much quicker. A district court or family court can order the full range of remedies available in a child support enforcement and the judges are typically willing to order whatever is necessary to give the obligee the best chance of recovering the unpaid child support.

This path is not without its own set of issues to deal with. The obligee must comply with the procedural rules under both the Texas Rules of Civil Procedure and the Texas Family Code, especially when the enforcement is brought as a contempt proceeding.

Failure to satisfy the procedural requirements can cut off certain remedies. The obligee must also understand the different remedies and how combinations of remedies can affect the ability to recover the unpaid child support. The obligee will also have to pay filing fees and service fees. If the obligee hires an attorney the attorney will need payment as well.

Is the attorney general better than hiring a child support enforcement lawyer in Fort Worth or Dallas?

It is rarely the better option to look to the OAG for help with an enforcement. Most people do not want to wait a year to see the judge. A private action is usually the better approach; although the obligee should only do so with the help of a Fort Worth divorce lawyer.

Attempting an enforcement without understanding the process and procedures can risk losing effective remedies to losing the ability to recover the arrearage. It makes very little sense to opt for a private action without an attorney.

The Texas Family Code allows an obligee to recover attorney’s fees and court costs through an enforcement. Although you may need to spend money up front to get in court, you likely can recover those expenses.

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