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Withholding state funds due to child support arrears

If you count yourself among the many people in San Antonio that is owed child support by an ex-spouse, the you may be concerned about how you might be able to collect on any arrears should he or she fall behind on his or her payments. Your concern is shared by many that we here at The Law Office of Roland R. Esparza work with. Most rely on state enforcement methods designed to recover unpaid child support from an obligor directly. However, if those methods fail to produce results, there are other, more indirect ways to recover what is owed to you.

What if your ex-spouse is involved with a company that relies heavily on state funding or contracts? According to the Texas Family Code, his or her business may be denied payments made from state funds for products or services rendered, or denied state-funded grants or loans if he or she has not fulfilled the terms of your child support agreement. In order to enact this method of enforcement, two criteria must be met: First, he or she must be more than 30 days delinquent on his or her payments. Second, his association with his or her company must be in one of the following roles:

  •          Sole proprietor
  •          Partner
  •          Shareholder
  •          Owner with a minimum 25 percent ownership interest

The law also gives whatever state entity that is contracted with your ex-spouse’s company the right to terminate their agreement if his or her actions disqualify the company from receiving payments under this statute. He or she must repay all arrearages or have a court-approved payment agreement or exemption in place in order to restore the state’s contractual obligations to his or her business.

More information on child support enforcement methods can be found here on our site. 

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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