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Enforcing Your Rights to Support and Custody

You can spend months hammering out the terms of your divorce agreement including child support, spousal support and visitation. But having something in writing may not always be enough. After divorce, your ex may fail to abide by the terms of the agreement and court order at some point.

If your ex starts skipping payments or otherwise fails to meet the obligations detailed in your order, you do have options available for enforcement. To enforce your child or spousal support order, your best bet is to contact a skilled family law attorney for help. Your ex cannot unilaterally stop or reduce payments without going to court and modifying the order that exists.

If your ex has lost a job, or other circumstances prevent the payment of the support, the proper procedure is to go to court to seek a modification. Someone who fails to pay court obligated child or spousal support risks being found in contempt of court, fined, and even jailed. Other penalties can include:

  • The revocation or suspension of state-issued driver and professional licenses
  • Wage garnishment

A number of options exist when past due amounts start to pile up:

  • If you are not receiving payments, you might try to negotiate with your ex
  • Mediation may also be used to help settle the matter

A Motion for Enforcement may be filed to secure child support payments. Enforcing your order for child support or spousal support is your right. Do not hesitate to contact a Lubbock family law attorney to help you thread through the legal procedures that must be followed.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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