Skip to main content

What happens when a Texas parent doesn’t pay child support?

By Katie L. Lewis

Parent reviewing child support documents at a desk

Texas gives parents strong tools to collect unpaid child support—from income withholding and contempt to license suspensions, liens/levies, and tax-refund intercepts. If income has truly changed, seek a modification to stop new arrears, but past-due amounts can’t be retroactively reduced. Justia+6Texas Statutes+6Texas Statutes+6

  • Income withholding is the default enforcement method. Texas Statutes
  • Courts can use contempt; OAG can pursue liens/levies. Texas Statutes+1
  • Licenses (driver’s/professional/recreational) can be suspended. Texas Statutes
  • Federal and state tax refunds may be intercepted via the Texas OAG. Texas Attorney General
  • You can request modification (3-year/20% or $100 rule, or material change). Texas Attorney General
  • Arrears are confirmed as money judgments; courts may not reduce them. Justia

Texas unpaid child support: tools to collect (withholding, contempt, liens, license suspensions, tax intercepts) and when modification can stop new arrears.

Unpaid child support has serious implications for the financial stability of single-parent households and the well-being of the children involved. Unpaid child support can disrupt a parent’s ability to cover expenses such as housing, food, health care and education for their child.

This financial strain affects the parent receiving payments and can also place undue hardship on a child, potentially affecting their emotional and physical development. If you live in Texas, there are remedies to help parents get the child support money owed to them.

Texas law provides several mechanisms to enforce child support orders, including:

  • Income withholding: The most common method of seeking overdue child support involves an income withholding order. This means automatically deducting child support payments from the payor’s paycheck.
  • Contempt of court: If the payor parent continues to miss payments, the payee parent can file a motion for enforcement that asks the court to hold the non-payer in contempt, which can result in fines and even jail time.
  • License suspensions: The state can suspend various licenses, including driver’s, recreational and professional licenses, until the parent pays overdue child support.
  • Asset seizure and tax refund interception: The state can seize bank accounts and property or intercept tax refunds to cover unpaid child support.

These and other enforcement actions can prompt a delinquent parent to get current with payments.

If child support is overdue because a payor parent’s financial circumstances have changed and they cannot pay support, either parent can request a review and modification of the child support order.

Modifications will not eliminate past-due amounts. However, they can prevent further arrears from piling up under the original terms that the payor parent may no longer be able to meet.

Navigating the challenge of unpaid child support can be a formidable undertaking – but there are legal options and remedies to correct the situation. Whether you pay or receive child support, knowing the penalties and processes associated with unpaid support can help you assess your options and take the next steps.

1) What enforcement options exist if child support isn’t paid in Texas?

Courts and the OAG can use income withholding, contempt, license suspension, liens/levies, and tax-refund intercepts to collect arrears. _This is general information, not legal advice._ Texas Attorney General+4Texas Statutes+4Texas Statutes+4

2) How do child-support liens work?

A child support lien arises by law against an obligor’s real and personal property for due and owing support, and can be perfected/levied under Subchapter G. _This is general information, not legal advice._ Texas Statutes

3) What if the payer lost a job or income changed?

Either parent can seek a modification—based on a material/substantial change or the 3-year/20% or $100 guideline difference—but it only affects future payments from the filing date forward. _This is general information, not legal advice._ Texas Statutes+1

4) Can Texas suspend a driver’s or professional license for arrears?

Yes. With qualifying arrears, a court or the Title IV-D agency can order suspension or non-renewal of licenses until compliance. _This is general information, not legal advice._ Texas Statutes

5) How does a tax-refund intercept work?

In qualifying cases, the OAG can submit the debt for Treasury Offset, and intercepted funds are applied to arrears. _This is general information, not legal advice._ Texas Attorney General

6) Do I have to use the Attorney General to enforce?

You may file your own motion for enforcement in the court of continuing jurisdiction or request OAG services; both can proceed. _This is general information, not legal advice._ Texas Statutes

7) What records should I keep to prove nonpayment?

Keep the court order, payment ledger/SDU history, bank statements, and any communication about payments—these support enforcement or modification. _This is general information, not legal advice._

Featured Insight

Start with our latest in-depth analysis and legal guidance on the topics families face most often.

  • Parent reviewing child support documents at a desk

    Child Support

    How long does child support last?

    By Katie L. Lewis

    Child support can be an important way for parents to ensure that their child has the financial support they need as they grow. However, parents may wonder how long this support will be a part of their financial life. ...

    Learn More

Ready to Talk Through Your Options?

Start with a confidential intake call and learn what the next step could look like - no pressure, no commitments.

Contact the Firm

10440 N. Central Expressway, Suite 1100
Dallas, Texas 75231