Not receiving the child support you’re owed can cause a great deal of stress, especially when the paying parent has moved out of state. The lack of child support may seem like a barrier to financial security for your children, but it doesn’t have to be. Thanks to a federal law called the Uniform Interstate Family Support Act (UIFSA), parents in Hill Country Village, San Antonio, and throughout Texas have a clear legal path to enforcing their child support orders, even when the other parent lives far away. We understand the emotional and financial strain this can cause. Our child support lawyers are committed to helping you understand your rights and the legal options available to you.

What is the Uniform Interstate Family Support Act (UIFSA)?

UIFSA is a federal law that standardizes the process of establishing, enforcing, and modifying child support orders when the parents live in different states. Its primary purpose is to ensure that a child support order issued by one state is valid and enforceable in any other state. This legal framework prevents multiple states from issuing conflicting orders for the same child, leading to a more streamlined and efficient system.

The Core Principles of UIFSA

UIFSA is a powerful tool for parents in Texas because it operates on two core principles:

Continuing Exclusive Jurisdiction

The principle of Continuing Exclusive Jurisdiction means that the state that issued the original child support order maintains the sole authority to modify it as long as one of the parties (the child, the custodial parent, or the paying parent) continues to live in that state. Continuing exclusive jurisdiction prevents a non-paying parent from relocating to a state with more favorable support laws in an attempt to reduce their payments and it prevents the necessity of transferring the case to another state every time the paying parent moves.

Registration of Orders

To enforce an order in a new state, you must first register it in that state. Once a child support order is properly registered in a Texas court, it has the same legal force as if it were a Texas order. Texas courts can use their full range of enforcement tools to collect unpaid support. Registering the order is not as simple as filling out a form, though. It requires a certified copy of the original order from the other state and it requires a document to be created and filed much like that used to start a lawsuit.  In general, it is best to hire an attorney licensed in Texas to register the child support order for you.

Enforcing an Out-of-State Order in Texas

If you are a parent who has moved to San Antonio, Hill Country Village, or any other place in Texas, and if the other parent lives in another state and is not paying child support, you can have your out-of-state order enforced by a Texas court. The first step is to register the foreign order in a Texas court in the county in which you live, such as Bexar County or Comal County, which serve the Hill Country Village and San Antonio metroplex areas.

Once the order is registered, the Texas court can use its full legal authority to enforce it. The other parent will be notified and given the opportunity to contest the registration. If they do not, the order will be “confirmed,” and the Texas court can begin enforcement actions, such as wage withholding or property liens, by filing a motion to enforce child support.

Enforcing a Texas Order in Another State

If your child support order was issued in a Texas court (for example, in Bexar County) and the paying parent has moved to another state, you can also use UIFSA to enforce the order. You do not need to file a new lawsuit to have child support established in the other state. Instead, you can work with the Office of the Attorney General in Texas to have the order sent to the other state’s child support agency for enforcement.

Alternatively, an attorney can assist you in registering the Texas order directly in the other state. Once the order is registered, the other state’s court and enforcement agencies are required to enforce it as if it were their own. This aspect of UIFSA ensures that a parent cannot escape their obligations by moving across state lines.

Methods of Enforcement Under Texas Law

Texas law provides courts with several powerful tools to enforce child support orders, which are available for both in-state and out-of-state cases once the order is registered correctly. These are outlined in Texas Family Code, Chapter 158.

  • Income Withholding: This is the most common and effective enforcement tool. The court can issue an order to the paying parent’s employer to automatically deduct child support payments from their paycheck. The money is then sent directly to the state’s child support disbursement unit, which in turn sends the funds to the custodial parent. In Texas, it is generally presumed that the child support payments should be sent to the Child Support Disbursement Unit of the Texas Attorney General from the start if the order originates in Texas.
  • Liens: A lien can be placed on the paying parent’s property, such as real estate or a vehicle. A lien prevents the person from selling or refinancing the property until the past-due child support is paid off.
  • Contempt of Court: If a parent is willfully not paying child support, the court can find them in contempt. A contempt hearing requires that the original order be clear and unambiguous, the parent was aware of the original order, the parent is physically at the contempt hearing in person, and the parent had the ability to pay but chose not to. Even if the paying parent has no job, the court may find that the failure to pay child support is intentional in situations where the paying parent is purposely unemployed or underemployed or if they have other resources available, such as a trust fund that could pay the child support. If a parent is found to be in contempt, it can result in a court order to pay a fine, serve jail time, or both.
  • License Suspension: For parents who are significantly behind on payments, the state can suspend their driver’s license, professional licenses, and even recreational licenses, like hunting or fishing licenses.
  • Intercepting tax refunds, lottery winnings, etc.  The Attorney General has the power to withhold funds from a person’s tax refunds or other money that the government would otherwise send to the paying parent, such that the parent delinquent in child support never has possession of that money.

Our Compassionate Approach to Family Law

Dealing with unpaid child support can be a frustrating and emotionally draining experience. You may feel like you are at a dead end, but we want you to know that you have legal options. Our focus is on our clients’ rights and well-being. We are committed to helping you navigate the complexities of Texas family law with confidence. Our team understands that your child’s well-being is your top priority.

At South TX Family Law, we work diligently to ensure that your family law matter is resolved quickly and efficiently and that every family deserves a fair chance at a fresh start.

If you are a parent in Hill Country Village, TX, or the surrounding areas, and you need help with a child support matter, please contact us today. We are here to help you understand your legal options and to help you fight for the support your family needs.

Contact us today at 210-775-0353 to schedule a consultation or contact us through our website at www.SouthTXFamilyLaw.com,