A child support order can be enforced by an individual or by the Texas Attorney General. Although enforcement by the Texas Attorney General is free, it is frequently slow. Hiring an attorney will produce considerably faster and more efficient results in enforcing a child support arrearage.
Child support orders are presumed to be in the best interest of a child. When an obligor parent (the parent responsible for paying child support) falls behind, the obligee parent (the parent receiving child support) has the right to to pursue enforcement. Texas courts have noted that “…court-ordered child support reflects a parent’s duty to his child, not a debt to his former spouse. Except as provided by statute, the other parent’s conduct cannot eliminate that duty of paying child support. Estoppel is not a defense to a child support enforcement proceeding.”  Usually, to enforce a child support order, the obligee parent must file a motion for enforcement.
A motion for enforcement petitions the court to force an obligor parent to make ordered child support payments. According to the Texas Family Code Section 157.002 (a) motion for enforcement must:
A motion for enforcement may be filed to enforce any temporary or final order of child support. Moreover, under the Texas Family Code Section 157.001 (b) the court may enforce by contempt any provision of a temporary or final order. Temporary orders include but are not limited to a temporary restraining order (commonly referred to as a “TRO”), a standing order, or an injunction. 
The Texas Family Code states that a motion for enforcement should be filed in the court of continuing exclusive jurisdiction. What is “a court of continuing exclusive jurisdiction?” This phrase simply denotes the court which issued the original child support order a petitioner wishes to enforce.
A Texas court may enforce an order of child support against an obligor parent living outside the State of Texas when it exercises “personal jurisdiction” over the obligor parent. According to the Texas Family Code’s Uniform Interstate Family Support Act, a Texas court may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
Personally Served With Citation In Texas
In this context, personal service with a citation requires serving the obligor parent with a physical copy of a motion for enforcement and accompanying citation in Texas. Texas Courts have noted that “The focus in determining whether personal jurisdiction exists is on the contacts created by the actions of the party sued rather than contacts created by the person bringing suit.” 
Individual Submits to Jurisdiction in Texas
The act of submitting to jurisdiction in Texas generally occurs when a party immediately responds to a lawsuit that has been filed against him or her. Once an out-of-state obligor parent submits to jurisdiction in Texas, a Texas court can enforce a child support order against them. One should consult with a lawyer to determine whether or not a non-obligor parent living out of state has submitted to jurisdiction in Texas.
Individual Resided With The Child In Texas
If a parent lived with their child in Texas, a Texas court has jurisdiction over any corresponding enforcement suit. The requirement of personal jurisdiction does not extend to out-of-state parents spending time with their children under a visitation agreement. The act of visiting a child will not cause an out-of-state obligor parent to become bound by a Texas court’s jurisdiction.  One should consult with an attorney to decide whether or not an obligor parent’s visits to Texas constitute personal jurisdiction.
Individual Resided in Texas and Provided Prenatal Expenses or Support for the Child
The definition of prenatal expenses is circumstantial. However, they often include doctors visits and any prescribed medication that a mother receives during her pregnancy. If an obligor parent that currently lives out of state previously resided in Texas and provided prenatal expenses or support for a child, then a Texas court will have personal jurisdiction over the corresponding enforcement suit. One should speak with a licensed attorney to determine whether or not a Texas Court would have personal jurisdiction over an out of state obligor parent.
Individual Engaged in Sexual Intercourse in Texas and the Child May Have Been Conceived in Texas
If a child’s conception could have been the result of sexual intercourse in the state of Texas, then the State will have long-arm jurisdiction over the out-of-state obligor parent. Long-arm jurisdiction describes the process through which a court can issue a binding decision over a person in another state.
There are several ways to enforce a child support order. The most common is to request that the Texas Attorney General do so. Although there is no charge for this course of action, you can expect slow and inconsistent results. Talk to an experienced family law attorney to decide the best way for you to enforce your child support payments.
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