Can I place a lien on my ex-wife's property for unpaid child support?

Full question:

I live in Arizona but my ex wife lives in Texas, she hasn't paid child support since change of custody in july and the state hasn't done anything even after us inquiring. She is almost $6000 arrears. Can we Lein her property for that to encourage payment?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Texas

Answer:

If a person fails to pay court-ordered child support, several actions can be taken. You could file a contempt action, which may lead the court to hold her in contempt for non-payment. It's advisable to consult a local attorney for assistance, especially since she resides in another state, which complicates enforcement.

The court can issue a civil warrant following the contempt action. Additionally, a state agency that deals with back child support may provide help, but their responsiveness may vary when dealing with another state.

Consequences for non-payment can include the interception of IRS refunds, suspension of driver's licenses, and revocation of passports. In serious cases of arrears, a criminal warrant may be issued, which can be enforced across state lines, allowing for extradition to the state that issued the warrant. You may want to discuss this with your local police or district attorney's office.

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.

FAQs

No, the state does not pay child support if the father doesn't. Child support is the legal obligation of the non-custodial parent. If they fail to pay, the custodial parent can seek enforcement through the court or state agencies. However, the state may assist in collecting overdue payments but does not cover the costs directly.