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How much back child support is a felony in Texas?

How Much Back Child Support is a Felony in Texas?

The question of how much back child support is a felony in Texas is a complex one, and the answer depends on various factors. In this article, we will delve into the world of child support laws in Texas and explore the legal consequences of failing to pay child support.

Background on Child Support in Texas

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In Texas, the primary responsibility of providing for the financial needs of children lies with both parents, regardless of their marital status. The Texas Family Code outlines the guidelines for establishing and enforcing child support. The court’s primary concern is the best interests of the child, and the objective is to ensure that children receive the necessary financial support to maintain a decent standard of living.

Amount of Back Child Support for Felony Charges

The amount of back child support required to trigger felony charges in Texas varies depending on the circumstances. In Texas Family Code Section 157.164, the following amounts are considered severe delinquencies, making the parent liable for a felony:

  • Over $20,000 in arrears if the child support obligation has been in effect for 12 months or more.

Consequences of Failure to Pay Child Support

Failing to pay child support can have severe consequences, including:

  • Felony charges: A parent who accumulates a severe delinquency may face felony charges, which can result in imprisonment up to 10 years and a fine of up to $10,000.
  • Bond revocation: If the parent is already out on bond, failure to pay child support can lead to bond revocation, resulting in arrest and imprisonment.
  • Wage garnishment: The court can order a portion of the parent’s wages to be garnished to satisfy the child support obligation.
  • Suspended driver’s license: Failure to pay child support can result in the suspension of the parent’s driver’s license.
  • Professional license suspension: Professionals, such as doctors and lawyers, may face the suspension of their professional license for failure to pay child support.

Other Factors Affecting Child Support Enforcement

While the amount of back child support may be the primary factor in determining felony charges, other factors can also influence the enforcement of child support orders:

  • Willfulness: The court will consider whether the parent’s failure to pay child support was willful or intentional, which can impact the severity of the consequences.
  • Ability to pay: The court will assess the parent’s ability to pay child support, taking into account their income, assets, and expenses.
  • Cooperation: A parent’s cooperation with child support enforcement efforts, such as providing financial information, can impact the severity of the consequences.

TABLE: Consequences of Failure to Pay Child Support

ConsequenceThreshold Amount
Felony chargesOver $20,000
Bond revocationN/A
Wage garnishmentN/A
Suspended driver’s licenseN/A
Professional license suspensionN/A

Conclusion

In conclusion, the amount of back child support required to trigger felony charges in Texas is over $20,000, provided the child support obligation has been in effect for 12 months or more. Failure to pay child support can have severe consequences, including felony charges, bond revocation, wage garnishment, and professional license suspension. Understanding the laws and consequences related to child support is essential for parents to avoid the legal and financial repercussions.

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