If a parent fails to pay court-ordered child support in Texas, the obligee may pursue a number of cumulative remedies. The obligee may seek a contempt of court order, a cumulative money judgment, a child support lien against certain property, a judicial writ of withholding, and an administrative writ of withholding. The court keeps jurisdiction to confirm the amount of arrearages and render a cumulative money judgment for a motion for enforcement that is filed within 10 years of termination of the obligation or the child reaching adult hood. Tex. Fam. Code §157.005.
In a recent case, the appeals court allowed an adult to pursue the child support her father owed after her mother’s death. The father was ordered to pay $250 per month in child support at the time of the divorce in 1980, but did not pay. The mother initiated an enforcement action in 2011, but it was never heard and she died in 2016.
In 2017, the daughter, then 41 years old, served a notice of application for judicial writ of withholding on her father. The father moved to stay the issuance of the income withholding order. The daughter argued the father had failed to timely contest the notice so the arrearages sworn to in the notice had been determined as a matter of law.
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