Balancing Child Support and Visitation: What Enforcement Hearings Can and Can’t Change

Because child support and child custody both relate to a child’s needs and best interests, Texas parents often assume that the two are interconnected. However, the fact is that child support and child custody are separate rights and obligations. Assuming that they are connected can lead you to make decisions that actually harm the co-parenting relationship and lead the court to take action against you. Learn more about enforcement hearings and your rights with the help of a child custody attorney.

Choosing the right child custody lawyer in Texas is essential when you’re advocating for your child’s best interests. At Garza Law Office, PLLC, we advocate passionately on behalf of every single client. We know how important your child’s wellbeing is to you, and we’re here to ensure that your child gets the financial and emotional support they need from both parents. Attorney Dora Alicia Garza has extensive experience in family law mediation, allowing her to find meaningful solutions that work long-term. Call us at 956-329-1304 to set up a consultation with our team now.

Enforcement Hearings in Texas

When one parent fails to fulfill the terms of their court order, the other parent can take them to court to ask the court to enforce it. For example, imagine a parent stops making their court-ordered child support payments. The receiving parent may ask the court to enforce payment. On the other side, a parent with primary placement may fail to show up at the hand-off location, which results in the other parent losing their visitation time. In this case, the parent denied their parenting time can ask the court to step in and enforce the visitation order.

Before an issue actually goes to court, the judge typically asks or orders the parents to attempt to reach an agreement before court. If an agreement is not reached or the parent violating the order refuses to negotiate, the issue will go to court. Whether your issue is solved out of court or in the courtroom, having a child custody attorney advocating for you is crucial.

What the Court Can Do

The court can order the other parent to comply with the court order with regards to the issue in front of them. If you are asking for assistance enforcing a child support order, they can confirm that the other parent is in arrears, issue a judgment requiring them to way, require a payment plan to catch up, and order payments to be withheld from their wages. If the parent is willfully failing to comply, the judge may hold them in contempt. This may result in jail time.

If you are looking for help with a child custody case, the court can intervene in several ways. First, they may order makeup time to account for the time you lost to the other parent’s denial of parenting time. The judge may also clarify ambiguous parts of your order so both parties’ obligations are crystal clear. If the parent is willfully withholding the child, the court may hold them in contempt or warn them that future issues will lead to contempt charges.

What the Court Cannot Do

When you sign on with a child custody law firm, they will let you know what you can expect from an enforcement hearing. It’s important to go in with realistic expectations to avoid disappointment.

If you want the court to enforce a custody order, they cannot make changes to your existing order. For example, they won’t give you primary possession because of the other parent withholding time. You will need to request a modification for that.

Similarly, this isn’t the time to ask for a change in your child support order. The court will only enforce the order that already exists—they aren’t going to increase or decrease child support. Whichever parent wants a modification will need to file a motion to request it.

Finally, the court won’t mix these issues. If a parent has stopped paying child support, the court won’t allow the other parent to withhold visitation or parenting time. If a parent denies visitation time, the court won’t allow the parent who lost time to stop support payments. The issues remain completely separate.

Our Child Custody Law Firm is Here to Help

If you’re ready to discuss your next steps with a child custody lawyer, let’s talk. Call Garza Law Office, PLLC at 956-329-1304 or reach out online to set up a consultation now.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.