Enforcement
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Child Support & Custody Enforcement Lawyers in The Woodlands, Conroe & Huntsville, Texas
Trusted family law counsel serving Montgomery County & Walker County.
When the Other Side Ignores a Court Order
A court order protects your family only when it’s followed. When a parent stops paying child support, keeps you from your scheduled time with your children, or ignores the terms of a divorce decree, Texas law gives you ways to make the order count. At Herbig Law Group, PLLC, our family law attorneys enforce child support, possession and access, spousal maintenance, and property division orders for clients in The Woodlands, Conroe, and Huntsville. We also defend parents and former spouses who have been served with a motion for enforcement.
Enforcement cases are won on records. The court will compare each missed payment or denied visit, by date, against the exact wording of your order, so we start by reading the order closely and building a clear history before anything is filed. If the order no longer fits your family, a modification may be the better path, and we will tell you so.
How Texas Courts Enforce Family Court Orders
Enforcement starts with a motion for enforcement filed with the court that has continuing jurisdiction over your order. It must identify the provision that was violated and how. For unpaid child support, it must also show the amount owed, the amount paid, and the arrearage (Tex. Fam. Code § 157.002). Depending on the violation, the court can order:
| Remedy | What it does |
|---|---|
| Money judgment | Confirms unpaid support as a judgment that earns 6% simple interest (§ 157.265) |
| Income withholding | Takes current support and arrears directly from wages (Chapter 158) |
| Contempt | Up to a $500 fine and six months in jail, which the court can suspend while payments are made |
| License suspension | Driver’s, professional, and recreational licenses (Chapter 232) |
| Child support lien | Attaches to property, bank accounts, and many settlements |
| Make-up parenting time | Additional periods of possession to replace time that was denied (§ 157.168) |
| Attorney’s fees | Ordered against a parent found to have failed to pay support (§ 157.167) |
Deadlines apply. For child support, a request for contempt must be filed within two years after the child turns 18 or the support obligation ends, and a request to confirm the arrears as a money judgment within ten years (§ 157.005). This page is general information, not legal advice, so talk with a lawyer about your order.
Orders We Enforce
- Unpaid child support, medical support, and dental support
- Denied or interfered-with possession and access (visitation)
- Geographic restrictions and other custody terms
- Court-ordered spousal maintenance
- Property division terms, including transfers and retirement-plan orders (QDROs)
- Clarification orders when a decree is too vague to enforce (§ 9.008)
- Defense against motions for enforcement and contempt
Mistakes to Avoid
- Withholding the children because support is late, or stopping support because visits were denied
- Relying on side agreements that change the order without court approval
- Accepting cash payments without a record instead of using the State Disbursement Unit
- Waiting while missed payments and denied weekends pile up
- Filing without dates, amounts, and the exact language of the order
Our Process
- Order review to confirm what the order requires and what was violated
- Violation history built from payment records, calendars, and messages
- Motion for enforcement filed in the court with jurisdiction over your order
- Negotiation or mediation toward a payment plan or agreed order when it serves you
- Hearing-ready advocacy for judgments, contempt, make-up time, and fees
Learn more about related services: Child Support • Child Custody • Modifications • Property Distribution
Enforcement FAQs
How far back can I collect unpaid child support in Texas?
Unpaid support doesn’t expire while the order is in place. You can ask the court to confirm the arrears and render a money judgment up to ten years after the child turns 18 or the support obligation ends (§ 157.005).
Can I stop visitation if the other parent won’t pay support?
No. Texas treats support and parenting time as separate obligations. Keeping a child from court-ordered time can expose you to an enforcement action of your own, so file to enforce the support order instead.
Will the other parent go to jail?
Jail is possible in a contempt case, but the court’s goal is compliance. Many cases end with a money judgment, wage withholding, a payment plan, or a jail sentence that is suspended as long as the parent keeps paying.
Does the Attorney General enforce child support?
Yes. The Office of the Attorney General’s Child Support Division enforces support in the cases it handles. Many parents also hire a private attorney to move faster, or to enforce parenting time, property, or maintenance terms.
What if I can’t afford to pay what the order says?
Talk with a lawyer before your hearing. Being unable to pay can be a defense to contempt if you can prove it (§ 157.008), although it doesn’t erase the debt. A payment plan or a modification may also be available.
What Evidence Helps
- A copy of your current order or divorce decree
- Payment history from the State Disbursement Unit or the OAG
- A calendar log of each missed or denied visit
- Texts and emails about exchanges and payments
- Receipts for medical, school, or childcare costs you paid
Serving Your Community
Local guidance for families in The Woodlands, Conroe, Huntsville, and surrounding areas of Montgomery & Walker County.
Client Testimonials
I honestly don’t know where to begin. After years of emotional exhaustion dealing with our case, finding John and his team was one of the best decisions we made.
From the very first consultation, Brandi was transparent, informative, and set realistic expectations about the process and how John approaches his cases. Mariah, the paralegal, was incredibly organized, responsive, and efficient with every document and detail along the way.
As for John, it’s hard to put into words how genuine and down to earth he is. He is not only an exceptional attorney but also someone who truly cares about his clients. One of the biggest concerns when hiring an attorney is wondering whether you’re spending too much money or if someone is simply telling you what you want to hear. John was the exact opposite. From day one, he was honest, straightforward, and gave us realistic expectations while creating a solid plan for our case.
Not only did he execute that plan, but he exceeded our expectations and helped us achieve more than we had hoped for during mediation. His experience, confidence, and ability to connect with people make him stand out from other attorneys.
If you’re feeling overwhelmed and unsure of who to hire, I can confidently say you won’t regret choosing John and his team. Thank you again for everything, John. We are truly grateful. Thank you!
The other parent was extremely high-conflict, but John remained confident, professional, and well prepared. His calm approach and understanding of family law gave us peace of mind during a very stressful situation.
If you’re looking for an attorney who is experienced, honest, and truly advocates for his clients, I highly recommend John and his team. You won’t regret hiring them.
Why Choose Herbig Law Group, PLLC?
When your family, finances, and future are on the line, you deserve a Texas family law firm that combines experience with clear communication. Our divorce and child custody attorneys serve clients in The Woodlands, Conroe, and Huntsville across Montgomery and Walker County—handling matters such as divorce, custody, child support, mediation, modifications, and enforcement.
Local Advantages That Benefit You
- Knowledge of local courts and procedures in Montgomery & Walker County.
- Mediation-focused strategy to control cost and reduce conflict whenever
- possible.
- Thorough preparation—evidence plans, disclosures, and detailed orders that are enforceable.
Transparent Counsel & Clear Expectations
No jargon, no surprises. We explain options, timelines, and costs up front—so you can make confident decisions at every stage.
Responsive & Proactive
We return calls and emails quickly, keep your case moving, and prepare you for mediation or court well before your hearing date.
Strategic, Outcome-Focused Advocacy
We build strong records, negotiate smart settlements, and are trial- ready when necessary—always aligned with your goals and your child’s best interests.
Better yet, come see us in person!
We love our customers, so feel free to visit during normal business hours.
Phone:
(936) 245-1974
info@herbiglawgroup.com
220 West Davis Street, Conroe, Texas 77301
Business Hours:
Monday - Friday 8:00 am — 6:00 pm
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