You have been served with a child support citation. Now what? Unfortunately, receiving this piece of paper means you have fallen behind on your court-ordered obligation, either because you missed a payment, made partial payments due to unforeseen circumstances, or refused to pay altogether. Regardless of what caused you to reach this point, you owe money that should be benefiting your children, and your former spouse has filed a petition that you be forced to settle up.
If you have been served with a child support citation, please know everything will be OK — provided that you take it seriously and respond quickly. That said, you may be unsure how to respond in these situations, so let us discuss this in today’s blog post.
Here Is How You Should Respond To a Child Support Citation
A child support citation is a court order requiring the person who received it to appear in family court, likely because someone has filed a complaint against them in either a civil or criminal case. A perfect example in family law is when one spouse sues the other for refusing to pay child support. A child support citation generally includes the following information:
- The names of the court, the person filing the suit, and the defendant (you)
- What the case is about and what they are asking for
- When and where the hearing is
- Information you are required to provide
- Directions on how to respond to the citation
- Consequences for failing to appear
Step 1: Remain calm
We like to start with this tip for any family law situation. Tensions can run high in any case, and it is very easy to lose your cool when placed in situations you are not used to or feel threatened and scared by. Instead, take a deep breath and remember that you may be unable to talk your former spouse out of their decision. If you are a believer, pray for God’s intervention and that He places peace in your heart, wisdom on your lips, and discernment in your head.
Step 2: Read the notice
You must read the notice immediately if you have been served with a child support citation. There is a deadline to file an answer; the specifics should be included in the citation. In Texas, it is 20 days after receiving the citation. While you can ignore the notice, doing so is not advisable. For starters, the Court could issue a default judgment against you and grant the other party’s request without hearing your side of the story. From there, the money owed can be forcibly collected through several methods, including wage garnishment and property liens. Your license could also be suspended, and you could face jail time, other penalties, and the possibility of your parental rights being taken away.
Step 3: Hire a family law attorney
If you have not consulted with a family law attorney about your child support citation, now is the best time. Offices such as ours at Nelson Law Group, PC, offer consultations and are here to ensure your questions are answered, your rights are protected, and you proceed in a way that best serves the outcome you hope to achieve. Make this decision sooner rather than later so you can be informed about the divorce process and how best to proceed.
Step 4: Consider and prepare your response to the child support citation
Responding to the citation promptly tells the court you want to be involved in what happens next. Generally speaking, you must work with your attorney to craft and file a detailed response to the Court. You must also send a copy of your response to the other party. Even if you file a response ahead of your court date and have it served to the other party, you will likely still have to appear on the date listed in the papers and either agree to what is being asked of you, negotiate an agreement with the other parent that you can both be happy with or disagree with the citation and ask for a new ruling. If you disagree with what is being asked of you, you must provide documentation and counterclaims that validate your position or situation. Examples of this could include a change in employment or income beyond your control, proof of mistakenly overlooked payments, and even questions you have regarding paternity.
This is a basic overview of responding to a child support citation. If you are served, it is important to seek proper legal advice to respond appropriately and ensure that all your bases are covered to ensure the best possible outcome for your unique situation.
Call Nelson Law Group Today!!
If divorce is the answer, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of family law experience to every case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
