Child Support Enforcement and Enforcement of Possession or Access in Texas

When Texas courts issue orders in family law cases, they are not suggestions; they are legally binding directives. Two of the most common problems parents face after divorce or separation are child support and possession or access (visitation). Unfortunately, not every parent follows the court’s order, which can leave the other parent struggling to enforce their rights.

At Mokolo Law Firm, we often see parents frustrated when support payments stop or visitation is denied. The good news is that Texas law provides strong enforcement mechanisms to protect children and ensure court orders are followed. But whether you’re enforcing child support or visitation, success often depends on evidence, what you can prove to the court.

This post breaks down how enforcement works in Texas, what remedies are available, and what proof is needed to prevail, especially in possession or access cases.

Child Support Enforcement in Texas

How Child Support Enforcement Works

If a parent is ordered to pay child support and fails to do so, the other parent can file a Motion for Enforcement. This asks the court to step in and compel payment. Enforcement is typically handled through:

• Court hearings– This is where the paying parent must explain why payments were missed.
• Texas Attorney General’s Child Support Division – This division can also take independent enforcement actions.

Remedies Available for Nonpayment

Texas courts have wide authority to enforce child support orders, including:

• Wage garnishment – Withholding support directly from paychecks.
• Intercepting tax refunds – Federal and state refunds may be seized.
• License suspension – Driver’s, professional, hunting, or fishing licenses can be suspended.
• Liens on property – To recover unpaid support.
• Contempt of court – Jail time, probation, or fines for willful failure to pay.

Proof Needed in Child Support Enforcement

To succeed in a child support enforcement case, the petitioner must show:

1. A valid child support order exists.
2. The amount ordered.
3. The amount actually paid (if any).
4. The arrears owed, typically proven with payment records, bank statements, or ledgers from the Texas Child Support Division.

Part 2: Enforcement of Possession or Access (Visitation)

Child visitation rights are just as enforceable as support orders. If one parent interferes with the other’s court-ordered visitation, the affected parent can file a “Motion for Enforcement of Possession or Access”.

Common Violations of Possession or Access Orders

• Refusing to turn over the child at the scheduled time.
• Failing to make the child available for pickup.
• Blocking communication between the child and the other parent (when ordered).
• Consistently being late or interfering with scheduled possession.

Remedies for Denied Visitation

The court can:

• Order make-up visitation for the time denied.
• Hold the violating parent in contempt of court, which may include fines or jail time.
• Modify the custody order if violations are persistent and harmful to the child.

Proof Needed in Possession or Access Enforcement Cases

This is where many parents struggle. To prevail, you need clear, documented proof that the other parent violated the court’s order. Useful evidence includes:

1. The Court Order – A certified copy showing the exact visitation schedule.
2. Detailed Records – A written log of each violation (date, time, what happened).
3. Witness Testimony – Friends, family, or third parties who witnessed the denial.
4. Communications – Texts, emails, or voicemails showing refusal or interference.
5. Travel Proof – Gas receipts, toll records, or GPS data proving you appeared for pick-up but were denied access.

Without concrete evidence, it becomes one parent’s word against the other’s—making it difficult to prove enforcement is necessary.

Final Thoughts on Child Support Enforcement and Enforcement of Possession or Access in Texas

In Texas, both child support and visitation rights carry the weight of law. A parent cannot simply decide to withhold support or deny visitation. If your rights are being violated, the law provides strong remedies, but the key is preparation and proof.

Contact Mokolo Law Firm

At Mokolo Law Firm, we assist parents in enforcing their court orders, gathering the necessary evidence to prevail, and protecting the best interests of their children. Whether you’re fighting for the support your child deserves or the visitation time you’ve been promised, we’ll stand with you every step of the way. Contact Mokolo Law Firm today to discuss your enforcement options and take action to protect your parental rights.