AUSTIN (KXAN) — “Why am I at $80,000 behind?” Ian Evilsizor asked.
The frustrated single father explained that’s how much he’s owed in child support for his daughter.
Single mom Jennifer Banford quickly chimed in regarding her two daughters: “The balance now, I think, is $21,000.” She added that doesn’t include medical bills that have not been paid and reached $6,000.
Christie Schultz, another single mom, said she was waiting on $600 earlier this summer which has now increased to nearly $2,500 — money meant to go towards raising her four kids. The three parents didn’t know each other until recently but now share a common challenge after not receiving child support payments. Lawmakers have heard similar concerns, which led them to make changes going into effect this year.
The Office of the Texas Attorney General enforces child support. Banford said the agency can’t even track down the father of her two daughters, who has only made one payment since January 2024.
“How am I supposed to find him if a government agency can’t find him? Like, I don’t have the resources of a government agency, so how am I supposed to locate him?” Banford asked.
Since last November, KXAN investigators have emailed and called the AG’s office multiple times to learn more about the work of the Child Support Division, but no one has responded.
Schultz told KXAN investigators that she can’t even get help when calling the agency about missed payments.
“I am almost begging for information,” Schultz explained. “‘Will you contact the other parent and find out what the plan is.’ Can I have a case worker? Can I file some sort of a dispute?”
New law streamlines procedures
Evilsizor wondered why there’s no accountability when payments aren’t received by parents who have custody of the kids.
“There should be red flags along the way, like, ‘Oh, hey, she’s 30 days behind. Oh, now she’s 60 days behind. Oh, she’s 90 days behind.’ The AG’s office has allowed this to accumulate,” Evilsizor said.
A new law aims to provide some help by streamlining child support procedures.
Last regular session, lawmakers passed legislation giving the AG the option to serve notices and documents by email — if one is provided to the court — to cut down on unnecessary delays in delivering child support.
“Senate Bill 1403 allows for the option of service of notices and documents by email in child support cases where parties have provided email addresses to the court. So many people use email that this will make for more effective, timely notice being provided to participants in child support cases. I am glad I was able to bring about this innovation through legislation and working with the Child Support Division,” shared Sen. Royce West, D-Dallas, who filed the legislation.
The measure comes after a KXAN investigation detailed concerns from Texas parents like these who are owed billions of dollars in child support.
KXAN investigators have repeatedly reached out to the AG’s office and asked about the implementation of the new law, but no one has responded.
Jennifer Severn, a family law attorney who once worked in the AG’s Child Support Division, said the law will make it easier to go forward with court cases whether it’s enforcement or a modification. She explained, before the law, a constable or private process server would need to track down the parent and serve them the court document. Now, if that parent has already provided an email address, that’s sufficient to serve them.
“If you’ve properly noticed someone, and they don’t show up, you can ask the judge to issue a capias for their arrest, then they will be arrested, then they will be brought before the court. So, there’s a remedy for not showing up,” Severn said.
Not so hopeful
Severn added that the AG can now also file an investigative report regarding how much money a parent who owes child support makes.
“One of the most challenging aspects of the job is providing the court evidence of income. In Texas, child support is based solely on the income of the obligor, so if you cannot prove how much money an obligor makes, the court may order an amount that is way too low,” Severn explained.
Severn pointed out the investigative report has the potential to make establishing or increasing child support much easier, even if the parent won’t disclose any income information.
“Once they’re able to get that information in front of the judge through an investigative report, it makes it much easier to get families the increases in child support that they so desperately need,” Severn said.
Parents who continue to reach out to KXAN investigators about challenges with the agency said they’re not hopeful the new law will make a difference.
“I really don’t think that anything will change,” Banford said. “More enforcement actions need to happen.”
Evilsizor and Schultz agree, adding enforcing child support needs to happen quicker. They explained their kids miss out on extracurricular activities and even medical needs because they’re not getting the financial help ordered by the courts.
“The kids are the ones who suffer,” Schultz said. “I had an eye therapy that was recommended for my child, but because the other parent wouldn’t agree to that, it just never happened. And I still feel guilty to this day that it didn’t happen.”
In late July, the agency said in a press release it successfully launched a new modernized child support system meant to improve efficiency and streamline case processing. A handful of families have reached out to KXAN investigators after the upgrade, saying they were having problems with the updated system. KXAN investigators have asked the AG’s office about delays due to the new system, but there has been no response to questions, including how many parents are still waiting to receive child support.
Whether it’s a new law or an upgraded system, Evilsizor said there needs to be reform in the Child Support Division and systems in place that are not working.
“There’s too many families, too many parents out there struggling,” Evilsizor added.
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