Galmor, Stovall & Gilthorpe

Attorneys & Counselors at Law

409-832-7757

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ENFORCEMENT OF CHILD SUPPORT / CUSTODY

 

Enforcing Child Support or Possession (Custody) is a simple process under the law.  There must be a valid court order which orders the other person to do something - either pay child support or produce the child at a certain location, etc.  If the person ordered to do so fails to obey the court order, a Motion for Enforcement can be filed, served on the other person, and a hearing will be held, usually within 30 days but no sooner than 10 days after service.  This allows both sides to prepare their case.  The losing party can be ordered to pay attorney's fees.

 

To win a child support enforcement, there must be at least one failure to pay a monthly ordered child support amount.  The punishment can be as severe as 6 months in county jail for failure to comply with a child support order.  Sometimes the Judge will simply impose a type of probation and allow the payor time to get caught up on his or her child support.

 

To win a possession enforcement, there must be at least one period of possession which was denied to the individual with the right to possession.  If you are the person who is supposed to get your child, you must physically show up at the home or location where the child is supposed to be at the designated time and the other party must refuse to give you the child or simply not be there.  It is always a good idea to bring a witness or even video tape these events as they can be very difficult to prove.  The punishment for denying possession is the same as for non-payment of child support - up to six months in jail.  Both fathers and mothers have been jailed for denial of possession.

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Galmor Stovall, PLLC

d/b/a Galmor, Stovall & Gilthorpe

485 Milam Street

Beaumont, Texas 77701

Phone / (409) 832-7757

Fax / (888) 667-5982

info@galmorstovall.com