. May 26, 2009. The judge will assume that you makeor can makeminimum wage. Added by Acts 1995, 74th Leg., ch. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. (a) If a person has in the person's possession earnings, deposits, accounts, balances, or other funds or assets of the obligor, including the proceeds of a judgment or other settlement of a claim or counterclaim due to the obligor that are in excess of the amount of arrearages specified in the child support lien, the holder of the nonexempt personal property or the obligor may request that the claimant release any excess amount from the lien. (2) on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described by Subdivision (1) is subject to Subsection (a). 19, eff. RECORDING AND INDEXING LIEN. June 18, 2005. 20, eff. 157.374. 157.214. 164 (S.B. Sec. A court shall treat a cash bond posted for the benefit of the respondent as the property of the respondent. 911, Sec. 1105 (H.B. 5, eff. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. (786) 530-2600. 32, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001. (3) a cumulative money judgment for the amount of dental support owed under Subsection (b-2). (a) The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under Section 157.215. (a) A spouse of an obligor or another person having an ownership interest in property that is subject to a child support lien may file suit under Section 157.323 to determine the extent, if any, of the spouse's or other person's interest in real or personal property that is subject to: (1) a lien perfected under this subchapter; or. You can review those in your leisure time (sounds like fun!) (c) The lien is in addition to any other lien provided by law. (d) Repealed by Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. While the Family Court uses the judicial process when issuing orders, the Child Support Enforcement Agency utilizes an administrative process. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 20, Sec. 4, eff. (a) A lien created under this subchapter does not have priority over a lien or conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded in the county where the real property is located. 1, eff. PROOF. (a) Service of a child support lien notice on a financial institution relating to property held by the institution in the name of, or in behalf of, an obligor is governed by Section 59.008, Finance Code, if the institution is subject to that law, or may be delivered to the registered agent, the institution's main business office in this state, or another address provided by the institution under Section 231.307. 10, eff. Amended by Acts 2003, 78th Leg., ch. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. Depending on the circumstances of your case, a Texas judge may issue a capias, or arrest warrant, if you fail to attend the enforcement hearing. Violating a family court order occurs in situations such as parents being late to pick up children or simply not paying child support. Added by Acts 1995, 74th Leg., ch. 157.002. This article does not explain every legal action that can happen in IV-D Court just the most common ones and what may happen. Acts 2017, 85th Leg., R.S., Ch. 157.421. September 1, 2007. Whether a parent should go to jail or face other penalties for not paying court-ordered child support, medical child support, or health insurance premiums. Sec. Sept. 1, 1995. (h) The court may shorten or extend the time for preparation if the respondent and the respondent's attorney sign a waiver of the time limit. Sept. 1, 1999; Acts 1999, 76th Leg., ch. There are guideline levels of child support that are calculated based on the guideline levels of support from the Texas Family Code. Amended by Acts 1997, 75th Leg., ch. 18, 97(a), eff. You may have court-ordered visitation established, depending on the testimony and evidence presented in court by you and the other parent, or by agreement of the parties. (c) The filing of a lien notice or abstract of judgment with the county clerk is a record of the notice and has the same effect as any other lien notice with respect to real property records. Report this Evader. (a) A money judgment rendered as provided in this subchapter or a judgment for retroactive child support rendered under Chapter 154 may be enforced by any means available for the enforcement of a judgment for debts or the collection of child support. MIAMI, FLORIDA 33136. 281-810-9760. (2) delivered to any other individual or organization that may have been served with a lien notice under this subchapter. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Tell the clerk you have a lawyer with you when you check-in. 20, Sec. ADDITIONAL LEVY TO SATISFY ARREARAGES. This is called a show cause hearing. Special thanks to Texas A&M University School of Law, Family Law and Veterans Advocacy Clinic for its contribution to this article. (a) A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction: (1) to amend the order to correct the order, clarify the terms of the order, or add language to the order to provide for the collection of child support; (2) to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or. Sec. 157.213. (c) The court shall give preference to a motion for enforcement of child support in setting a hearing date and may not delay the hearing because a suit for modification of the order requested to be enforced has been or may be filed. September 1, 2011. Texas Child Support Enforcement Measures. 972 (S.B. 52, eff. Sec. 29, eff. 20, eff. 228), Sec. Sept. 1, 2001. ), may include a request that: (A) the obligor pay the arrearages in accordance with a plan approved by the court; or. (c) After the hearing, the court may continue, modify, or revoke the community supervision. Sept. 1, 2001. 157.113. 19, eff. RELATION TO MOTION FOR CONTEMPT. 311, Sec. (a) On receipt of a child support lien notice, the county clerk shall immediately record the notice in the county judgment records as provided in Chapter 52, Property Code. (a) A court may not change the substantive provisions of an order to be clarified under this subchapter. 157.375. (B) an insurance policy, including a life insurance policy or annuity contract, in which an individual has a beneficial ownership or against which an individual may file a claim or counterclaim. 20, Sec. 1, eff. 1965), Sec. Sec. Sept. 1, 1999. September 1, 2017. In this subchapter: (A) any type of a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, mutual fund account, certificate of deposit, or any other instrument of deposit in which an individual has a beneficial ownership either in its entirety or on a shared or multiple party basis, including any accrued interest and dividends; and. Sept. 1, 2001. (a) If a motion for enforcement of child support requests a money judgment for arrearages, the court shall confirm the amount of arrearages and render cumulative money judgments as follows: (1) a cumulative money judgment for the amount of child support owed under Subsection (b); (2) a cumulative money judgment for the amount of medical support owed under Subsection (b-1); and. One has nothing to do with the other. RECORD. After all, the noncustodial parent is required to help the custodial parent financially support the child. I need a custody order. 1, eff. 911, Sec. 20, Sec. 157.315. Sec. 51, eff. 157.316. Sec. NOTICE OF LEVY SENT TO OBLIGOR. Unfortunately, some parents who are obligated to pay child support fail to make their payments on time, or even worse, stop paying altogether. Added by Acts 1995, 74th Leg., ch. but should know that the basic arithmetic involved is simple. This means the child is the one who ultimately suffers when one parent is not paying child support in Texas. We have children under 18. (e) Child support arrearages in existence on January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date accrue interest as follows: (1) before January 1, 2002, the arrearages are subject to the interest rate that applied to the arrearages before that date; and. Sept. 1, 2001. (b) A substantive change made by a clarification order is not enforceable. April 20, 1995. Sec. ); Proof the children have been living with you and not the obligee; Proof that you and the obligee have been living together with the childrena lease, an electric bill, etc. September 1, 2021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) A financial institution that receives a notice of levy under this section may not close an account in which the obligor has an ownership interest, permit a withdrawal from any account the obligor owns, in whole or in part, or pay funds to the obligor so that any amount remaining in the account is less than the amount of the arrearages identified in the notice, plus any fees due to the institution and any costs of the levy identified by the claimant. 157.373. If the property or right to property on which a notice of levy has been filed does not produce money sufficient to satisfy the amount of child support arrearages identified in the notice of levy, the claimant may proceed to levy on other property of the obligor until the total amount of child support due is paid. 157.268. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (b) The court shall set the amount of the bond or security and condition the bond or security on compliance with the court order permitting possession or access or the payment of past-due or future child support. Child support is to be paid until the child reaches the age of maturity (18) or completes high school. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 911, Sec. For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a . (2) the motion does not request incarceration and the parties waive the requirement of a record at the time of hearing, either in writing or in open court, and the court approves waiver. Bring as much of the following information as possible. The amount is typically paid monthly. (c) The court shall order the bond or security payable through the registry of the court: (1) to the obligee or other person or entity entitled to receive child support payments designated by the court if enforcement of child support is requested; or. Sept. 1, 2001. September 1, 2007. If you do not understand what the AAG or the DRO has given you to sign, ask for a continuance from the judge so you can consult with a lawyer. (4) contain the signature of the movant or the movant's attorney. LEVY ON FINANCIAL INSTITUTION ACCOUNT OF DECEASED OBLIGOR. DISCRETIONARY RELEASE OF LIEN. (2) the court of continuing jurisdiction. Applying For TDHS Child Support Services 1023, Sec. (c) A clarified order does not affect the finality of the order that it clarifies. Yes. 1, eff. 972 (S.B. 27, eff. (b) If the respondent fails to appear, the court may not hold the respondent in contempt but may order a capias to be issued. The movant may subsequently update that payment record at the hearing. April 20, 1995. The court has the ability to enforce its own orders. This article answers frequently asked questions about enforcing your child support orders yourself. What does this citation mean? FAILURE TO COMPLY WITH NOTICE OF LEVY. What happens after I check in with the clerk? 228), Sec. Amended by Acts 1995, 74th Leg., ch. 26, eff. June 19, 2009. (2) a suit for damages under Chapter 42. Enforce the court order - Similar to #4, counties will likely assist you in this manner. McCarthyism. UNPAID CHILD SUPPORT AS JUDGMENT. The Child Support Review Process (CSRP) is an in-office administrative process to establish, modify, or enforce child, medical and dental support obligations and determine paternity. Establish a court order - If there is no court order, many counties - like Los Angeles county - will file one on your behalf. This was further amended with technical corrections in an updated final rule in 2020. Jan. 1, 2000. Amended by Acts 1997, 75th Leg., ch. 1, eff. RETENTION OF JURISDICTION. 157.504. 15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Yes. What do I do when I arrive at the courthouse? (a) If the right to possession of a child is not governed by an order, the court in a habeas corpus proceeding involving the right of possession of the child: (1) shall compel return of the child to the parent if the right of possession is between a parent and a nonparent and a suit affecting the parent-child relationship has not been filed; or. 1, eff. (a) Subject to Chapter 152 and the Parental Kidnapping Prevention Act (28 U.S.C. 157.003. 157.001. Sec. What to Expect in Child Support (IV-D) Court, Low-Income Child Support Guidelines Handout, Digital strategy, design, and development by, Texas A&M University School of Law, Family Law and Veterans Advocacy Clinic. 6.24, eff. The Motion is a request to the court to force someone to comply with the terms of a previous court order - such as the payment of child support. The CSRP will typically take place at a local Child Support Division office. (4) "Financial institution" has the meaning assigned by 42 U.S.C. 157.328. This guide tells you how to ask for a custody, visitation, child support, medical support, and dental support order. September 1, 2011. If you are represented by a lawyer, they will check in for you upon arrival. The words parentage and enforcement will be in the titles of the documents filed. SECURITY FOR COMPLIANCE WITH ORDER. For more information, read Texas Family Code 157.163. 157.263. SUBSTANTIVE CHANGE NOT ENFORCEABLE. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sept. 1, 2001. ACCRUAL OF INTEREST ON CHILD SUPPORT. (b) A financial institution doing business in this state shall comply with the notice of lien and levy under this section regardless of whether the institution's corporate headquarters is located in this state. Added by Acts 2021, 87th Leg., R.S., Ch. A money judgment for child support rendered before that date is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose. 17, eff. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. 20, Sec. Denying or revoking a United States Passport, if the parent owes more than $2,500. 556, Sec. A motion for enforcement requesting contempt may be joined with a forfeiture proceeding. (e) A person who contests a levy under this section, as authorized by Subsection (d)(2), may bring the suit in: (1) the district court of the county in which the property is located or in which the obligor resided; or. (a) A motion for enforcement must, in ordinary and concise language: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state the manner of the respondent's alleged noncompliance; (3) state the relief requested by the movant; and. 17, eff. (b) The notice may be sent by the clerk of the court, the attorney for the movant or party requesting a court order, or any person entitled to the address information as provided in Chapter 105. How to ask for a custody, visitation, child support, and medical support order. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. Typically, both parties and a Child Support Officer (CSO) are in the room for the meeting. 420, Sec. DEFINITIONS. Yes. Dont feel pressured to sign documents you dont understand. ORDER NOT RETROACTIVE. 751, Sec. (c) If the court is not satisfied that the respondent's appearance in court can be assured and the respondent remains in custody, a hearing on the alleged contempt shall be held as soon as practicable, but not later than the seventh day after the date that the respondent was taken into custody, unless the respondent and the respondent's attorney waive the accelerated hearing. If he does not comply, he will be brought before the Judge. 508 (H.B. 3, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. Talk to the AAG or the DRO officer about getting a continuance of the hearing to a later date so you can hire a lawyer to represent you. 18, eff. (b) The court retains jurisdiction to confirm the total amount of child support, medical support, and dental support arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Section 157.263, if a motion for enforcement requesting a money judgment is filed not later than the 10th anniversary after the date: (2) on which the child support obligation terminates under the child support order or by operation of law. 20, Sec. Who do I check in with to let the IV-D Court know I am here? 157.064. Sept. 1, 1997; Acts 2001, 77th Leg., ch. May. These include fines, compensatory visitation, a change in custody arrangements, and even jail time. Learn what to expect if you are ordered to appear in a IV-D Court (also known as child support court). Tables explaining child support guidelines when the obligor has less than $1,000/month in net resources. Not for sale. (a) The procedure for filing a motion for enforcement of a final order applies to a motion for clarification. 751, Sec. Amended by Acts 1999, 76th Leg., ch. The credit under this section is equal to the amount of the lump-sum payment and shall be applied to any child support arrearage and interest owed by the obligor on behalf of that child at the time the payment is made. 157.508. This will help the child support office locate the parent, establish paternity, and establish and enforce your child support order. PROBATION OF CONTEMPT ORDER. 6, eff. Sec. 11, eff. A child support order includes a temporary or final order for child support, medical support, or dental support and arrears and interest with respect to that order. Child support is meant to cater for a child's basic expenses such as food, transportation, shelter, clothing and public education costs. Sec. 1, eff. 1, eff. (a) The respondent may plead as an affirmative defense to contempt for failure to comply with an order for possession or access to a child that the movant voluntarily relinquished actual possession and control of the child. 911, Sec. I need a custody order. 1, eff. 24, eff. The court may dismiss child support arrears in the state of Texas either in part or in full. NO EXISTING ORDER. These appeals are heard separate from HFS by the Bureau of Administrative Hearings. September 1, 2007. Every case is different, so each experience is different. 20, Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 157.062. (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment. (c) In a proceeding under this section, the spouse or other person claiming an ownership interest in the property has the burden to prove the extent of that ownership interest. SETTING HEARING. Sec. Sec. 34, eff. The basic rules for a Motion for Contempt are: 1. 20, Sec. 20, Sec. 157.371. CONFLICTS WITH OTHER LAW. Texas is one of a few states that establishes parenting/visitation orders as part of the child support establishment process. (a) If a party has been ordered under Chapter 105 to provide the court and the state case registry with the party's current mailing address, notice of a hearing on a motion for enforcement of a final order or on a request for a court order implementing a postjudgment remedy for the collection of child support may be served by mailing a copy of the notice to the respondent, together with a copy of the motion or request, by first class mail to the last mailing address of the respondent on file with the court and the registry. APPEARANCE. If you want to speak with a private attorney, most IV-D judges understand the respondents need for an attorney. TEMPORARY ORDERS. (a) While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the writ is pending. Map & Directions. I need to change a custody, visitation, or support order (Modification). A lien against a motor vehicle under this subchapter is not perfected until the obligor's title to the vehicle has been surrendered to the court or Title IV-D agency and the Texas Department of Motor Vehicles has issued a subsequent title that discloses on its face the fact that the vehicle is subject to a child support lien under this subchapter. (f) If the claimant files a contradicting affidavit as described by Subsection (d), the issue of whether the real property is subject to the lien must be resolved in an action brought for that purpose in the district court of the county in which the real property is located and the lien was filed. (4) knew of no source from which the money could have been borrowed or legally obtained. September 1, 2021. September 1, 2021. MOTION FOR ENFORCEMENT. Sec. ReadTexas Family Code 154.068, 154.122, and 154.125 for more information. Added by Acts 2009, 81st Leg., R.S., Ch. Austin, TX 78711-2017. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995. 157.3145. 767 (S.B. This article explains when IV-D Courts (also known as child support court) can establish paternity. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2018. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. 867), Sec. 556, Sec. Added by Acts 1995, 74th Leg., ch. It also: provides services to children and families in their own homes; contracts with other agencies to provide clients with specialized services; places children in foster care; provides services to help youth in foster care make the transition to adulthood; and places children in adoptive homes. (b) If a payment date is not stated in the order, a child support payment is delinquent if payment is not received by the registry or the obligee or entity specified in the order on the date that an amount equal to the support payable for one month becomes past due. 157.111. Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal offense and shall enter the capias or warrant in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety. Non-payment of child support in Texas is a big deal, as it can come with severe penalties. JURISDICTION. American anti-communist propaganda of the 1950s, specifically addressing the entertainment industry. While on probation, you will have to report to a probation officer monthly and pay current and back child support and medical support payments faithfully. 157.114. Sept. 1, 2003. Sept. 1, 2003. Should I ask for a lawyer at an enforcement hearing? Your old case is reopened and a Motion for Contempt is filed. 7, eff. 859 (S.B. 26, eff. Based on the answers you provide and your state's guidelines, the judge, will develop a fair and suitable solution for the child and his . Added by Acts 1995, 74th Leg., ch. The court may require employers to deduct child support from the paying parent's paycheck through wage withholding. September 1, 2007. (a) In a clarification order, the court shall provide a reasonable time for compliance. Section 157.504 applies to an order amended under this section. 556, Sec. 7, eff. April 20, 1995. 911, Sec. June 19, 2009. (2) is employed by an employer not subject to the jurisdiction of the court or for whom income withholding is unworkable or inappropriate. PO Box 12548 Austin, TX 78711-2548. The additional periods of possession or access: (1) must be of the same type and duration of the possession or access that was denied; (2) may include weekend, holiday, and summer possession or access; and. PROPERTY TO WHICH LIEN ATTACHES. 157.167. 6, eff. How to quickly respond to a custody case when it is part of a 'Suit Affecting the Parent-Child Relationship' (SAPCR). 157.506. One will not be appointed for you. If you request postponement, please do not assume your request has been approved. June 14, 2013. The Command Center is operational 24 hours per day, seven days a week and is comprised of warrant specialist and the Texas Law Enforcement Telecommunications System. (a) Except as provided by Subsection (b), a record of the hearing in a motion for enforcement shall be made by a court reporter or as provided by Chapter 201. MOTION TO REVOKE COMMUNITY SUPERVISION. Amended by Acts 1997, 75th Leg., ch. Sec. Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. The judge can explain the law, but they will not give you advice or tell you what you should do. (a) An obligor who believes that a child support lien has attached to real property of the obligor that is the obligor's homestead, as defined by Section 41.002, Property Code, may file an affidavit to release the lien against the homestead in the same manner that a judgment debtor may file an affidavit under Section 52.0012, Property Code, to release a judgment lien against a homestead. Added by Acts 1995, 74th Leg., ch. This article explains what to expect if you are ordered to appear in a IV-D Court (also known as child support court). What to Expect in Child Support (IV-D) Court. I am the child's parent (SAPCR). (b) A motion for enforcement does not constitute an election of remedies that limits or precludes: (1) the use of any other civil or criminal proceeding to enforce a final order; or. 1105 (H.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. Sec. Sec. 1023, Sec. The IV-D program (pronounced Four-D) is the technical name for government administered Child Support Enforcement Programs. 1, eff. 911, Sec. 1023, Sec. 157.507. 157.105. PRIORITY OF LIEN AS TO REAL PROPERTY. 1, eff. Sec. Amended by Acts 1997, 75th Leg., ch. 779), Sec. April 20, 1995. Jefferson City, MO 65102. (c) A court described by Subsection (a) retains jurisdiction to render a qualified domestic relations order or similar order under this subchapter until all support due under the child support order, including arrearages and interest, has been paid. (b) A person having notice of a child support lien who violates this section may be joined as a party to a foreclosure action under this chapter and is subject to the penalties provided by this subchapter. 32, eff. Sec. 1023, Sec. September 1, 2015. DATE OF DELINQUENCY. If you receive child support (known as the obligee), bring evidence of the health insurance premium you pay for the child monthly so you can be reimbursed. I have received a citation to appear in IV-D Court. 157.317. People who have received assistance under the Temporary Assistance for Needy Families (TANF), Medicaid, and Federally assisted Foster Care programs are automatically referred for child support enforcement services. We can guide you through all family law matters and help ensure a bright future for you and your family. During a child support hearing, you will need to answer questions about more serious payments (i.e., medical emergencies, extra responsibilities, caring for your other children from another person, etc.). Acts 2007, 80th Leg., R.S., Ch. . (b) A request by the relator for costs, attorney's fees, and necessary travel and other expenses under Chapter 106 or 152 is not a waiver of immunity to civil process. 420, Sec. The period of time for incarceration is generally considered: 1. September 1, 2011. September 1, 2009. Sept. 1, 1999. (d) A claimant must file a notice for each after-acquired motor vehicle. 157.163. Sec. (b) After notice to the obligor, the obligor's spouse, any other person alleging an ownership interest, the claimant, and the obligee, the court shall conduct a hearing and determine the extent, if any, of the ownership interest in the property held by the obligor's spouse or other person. 1, eff. Sec. 1174), Sec. A lien is a notice that tells the world that there are claims against you for money. A child support conference is held in front of a conference officer at the county domestic relations office. (b) The court may discharge the respondent from community supervision on the motion of the respondent if the court finds that the respondent: (1) has satisfactorily completed one year of community supervision; and. September 1, 2007. (b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor. 1, eff. 32, eff. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP. The amount of child support that is ordered by the court, whether it is by agreement or not, is . Child Support, Medical Support, & Dental Support, Whether a man is or isnt the father of a child; and. Revoking the delinquent parent's driver's and/or professional license; and/or. If, after reading this article, you decide you dont want to go to before a IV-D judge alone, there are resources available to help you find a lawyer. 5, eff. How to get a divorce when you and your spouse have children younger than 18 (or still in high school).