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The court has jurisdiction to enforce arrearages until everything is paid.

Section 158.102 of the Family Code entitled Duration of Writ of Income Withholding provides:

An order or writ for income withholding under this chapter may be issued until all current and  arrearages, interest, and any applicable fees and costs, including ordered attorney’s fees and court costs, have been paid.

Tex. Fam. Code §158.102.

Section 157.318 of the Family Code entitled Duration and Effect of Lien

provides:

(a) A lien is effective until all current and arrearages, including interest and any costs and reasonable attorney’s fees, have been paid . . .

(b) The lien secures payment of all arrearages owed by the obligor under the underlying order . . .

Tex. Fam. Code §157.318(a), (b).

Family Code §157.313(a)(5) also provides a lien may issue and be based on the arrearages determined by a writ of income withholding. Tex. Fam. Code  §157.313(5). The Family Code also provides that a lien may issue “regardless of whether the amounts have been adjudicated or otherwise determined.” Tex. Fam. Code §157.312(d).

The time periods set forth in the Family Code for issuance of a lien are identical in every aspect to the time periods for a writ of withholding. Therefore, the remedy of a lien, like the remedy of a writ of income withholding, is available in the Family Code until total amount due has been paid.

Section 157.269 of the Family Code entitled Retention of Jurisdiction provides:

A court that renders an order providing for the payment retains continuing jurisdiction to enforce the order, including by adjusting the amount of the periodic payments to be made by the obligor or the amount to be withheld from the obligor’s disposable earnings, until all current and medical and arrearages, including interest and any applicable fees and costs, have been paid.

The commentary on this provision clarifies that “the court which renders the order retains jurisdiction to enforce that order until the obligation has been fully satisfied.” Sampson & Tindall’s Texas Family Code Annotated, Commentary, 753 (Thomson West 2007). Based on the above authorities and statutes, you may issue a writ of income withholding, a lien and a levy for the collection of unpaid child support until all has been paid.

Delia Sifuentes Testimonial


Ensure your child's well-being!“Since my lawyers took my case, they have collected $178,692.55. This was all accomplished in seven months. My children were 41 and 39 when I obtained legal assistance, and I had not received child support payments for 35 years. My ex-husband was only ordered to pay $100 a month, and he never paid. They collected the child support and interest due to me, and I would like to thank my lawyers for working so hard. I thank God for sending legal help to me. Thank you, guys. You don’t know how much I love you.”


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