Full question:
I have a situation that I owed my ex-wife child support. It has been paid by my calculations. The courts have reduced my child support to a judgement. How long does it stand? Do you have to refile a judgement every 7 years or how does it work? This is held by the OAG's office. Can they do anything without my ex-wife in on the conversation or meeting. I know that they are representing her. Does she have to be there?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
According to Texas child support law, if any back support payments (arrears) are owed, the court retains jurisdiction to take enforcement action until the arrears are paid in full. There is no statute of limitations on enforcing a child support order. Failure to pay is a criminal offense, which may be prosecuted by the state without the other spouse's involvement.
Please see the following TX statutes:
§ 157.264 FAM. Enforcement of Judgment
(a) A money judgment rendered as provided in this subchapter may be
enforced by any means available for the enforcement of a judgment for
debts.
(b) The court shall render an order requiring that the obligor make
periodic payments on the judgment, including by income withholding under
Chapter 158 if the obligor is subject to income withholding.
§ 157.269 FAM. Retention of Jurisdiction
A court that renders an order providing for the payment of child
support retains continuing jurisdiction to enforce the order, including
by adjusting the amount of the periodic payments to be made by the
obligor or the amount to be withheld from the obligor's disposable
earnings, until all current support and medical support and child support
arrearages, including interest and any applicable fees and costs, have
been paid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
