Child Support Judgment
Child support is the government’s means of ensuring that children enjoy the financial security that a two-parent home would have afforded them. Custodial parents should know that there are a variety of Judgment enforcement methods provided by law to assist in the collection of child support such as: wage garnishment, execution of a bank levy and much more.
An earnings assignment order for support, commonly referred to as a “wage garnishments,” is available for enforcement of child and spousal support orders, and is probably the most effective and commonly used enforcement method.
Judgment Lien on Real Property
A judgment lien on real property to enforce a money judgment may be created by recordation. The particular document to be recorded depends on the nature of the Judgment enforcment. When the underlying judgment is an order for child, spousal, or family support payable in installments, the lien is usually created by recording an Abstract of Support Judgment. The benefit from the lien is usually realized when the judgment debtor attempts (1) to sell real property in a county in which the document is recorded or (2) to obtain a loan to be secured by real property located in such a county.
By statute, contempt proceedings are available to enforce any judgment or order made under the Family Code. If the contempt alleged is for failure to pay child, spousal, or family support, each month for which payment has not been made in full may alleged and punished as a separate count. The limitation period for such a failure is three years from the date the payment was due.
Deposit of Assets to Secure Child Support Payments
In an order or judgment requiring payment of child support, the court may also require, subject to certain restrictions, that the obligatory pay up to one year’s child support, to be known as the “child support security deposit.” When making an order for payment of a child support security deposit the court must direct that the obligatory deposit the amount in an interest-bearing account and subject to withdrawal only on court authorization. Furthermore, the court must order the obligatory to supply evidence of the deposit.