The Frisco spousal support payment process may involve you or your employer sending money directly to your ex or remitting a check to the state disbursement unit. You might be in arrears when you do not send the funds over by the deadline—or when what you do send is less than it should be. When this happens, your ex could file a lawsuit against you to force an alimony payment, which may result in fines or other penalties.
Our spousal support attorney has an in-depth understanding of the role and purpose of advocacy in divorce, parentage, and custody matters. Guided by his faith, he is inspired by his clients and seeks to model and encourage civility. He often finds that this approach fosters an environment for him to resolve legal matters efficiently and effectively.
Texas family law provides multiple ways for someone to send maintenance to their spouse. For example, under Texas Family Code § 8.062, a person responsible for spousal and child support may have to submit money through the state-run disbursement unit. In other situations, the person may send the checks directly to the spouse without using a third party.
Another method—found in Texas Family Code § 8.101 and Texas Family Code § 8.201—requires the paying spouse’s employer to automatically deduct maintenance funds from the person’s paycheck. The employer would then forward the money to the appropriate person or agency named in the court’s order.
The above processes may also apply if a Frisco resident falls behind on paying the spousal support. For example, if they were sending checks directly to their ex but missed some, the court may require their employer to garnish their wages until they are up to date. Depending on the circumstances, the judge may find it appropriate to continue having the employer submit the money even after they catch up.
Under Texas Family Code § 8.058, a person is in arrears if they do not pay the spousal support by the deadline. Likewise, if they pay less than the agreed-upon and required amount, this may also mean they are in arrears, even if they sent the check on time. Once someone falls behind on making payments, Texas Family Code § 8.059 may allow the other spouse to file an enforcement action against them.
As part of the enforcement lawsuit, the court may gather information about the alimony order or contract, the reason for the noncompliance, and other matters it thinks are important to discover. The paying spouse may be able to defend their decision not to send the money. For example, they might explain that they did not have the funds and efforts to sell property or borrow from others were unsuccessful or unavailable.
Depending on the Frisco judge’s conclusions after the hearing, they might impose sanctions on the person who failed to follow the correct procedure for paying spousal support. For example, the court may garnish the person’s wages, make them pay fines, or, in severe cases, require them to go to jail. Likewise, the authorities may put a lien on the person’s assets or take away their driver’s license to coerce them into following through on the order.
Falling behind on maintenance or child support may cause legal concerns later, so it may be a good idea to consult a lawyer as soon as you have questions. When you need help understanding the Frisco spousal support payment process, our team could help you find answers.
At our firm, we could try to improve your situation by creating personalized solutions that align with your values and priorities. Our knowledgeable attorney is dedicated to supporting the communities he serves through client advocacy, scholarships, and outreach. Contact us today to schedule a free initial consultation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
