Delinquent child support in Texas triggers enforcement the moment a scheduled payment is missed, and the consequences stack quickly: automatic wage withholding increases, 6% interest starts running, licenses can be suspended, tax refunds intercepted, liens attached to property, and in serious cases the delinquent parent can be jailed for contempt or prosecuted for a state jail felony. The tools are largely automatic, and arrears that build up are nearly impossible to erase after the fact.
Wage Withholding Kicks In First
Every Texas child support order already contains an income withholding directive. The employer must begin deducting support from the obligor’s paycheck no later than the first pay period after receiving the order and keep doing so for as long as the employee works there.1Justia. Texas Family Code Chapter 158 – Withholding From Earnings for Child Support
Once arrears exist, the withholding amount grows. Texas requires an additional deduction on top of the current monthly obligation, calculated to clear the arrears within two years or by adding 20% to the current monthly amount, whichever pays off the debt faster.1Justia. Texas Family Code Chapter 158 – Withholding From Earnings for Child Support The combined withholding cannot exceed 50% of disposable earnings under Texas law.2State of Texas. Texas Family Code 158.009 – Maximum Amount Withheld From Earnings
Federal law sets its own ceiling that can go higher. Under the Consumer Credit Protection Act, garnishment for support can reach 50% of disposable earnings if the parent supports another spouse or child, or 60% if not, with an extra 5 percentage points added when arrears are more than 12 weeks old.3Office of the Law Revision Counsel. 15 U.S.C. 1673 – Restriction on Garnishment
Interest at 6% Starts the Day You Miss
Unpaid child support in Texas accrues 6% simple interest per year, running from the date each payment becomes overdue. Interest does not attach to the very first missed month; it applies only to the portion of the delinquency that exceeds one month’s periodic support obligation. So if the monthly order is $1,000 and three months are missed, interest accrues on $2,000, not $3,000.4Texas Constitution and Statutes. Texas Family Code 157.265 – Accrual of Interest on Child Support
Once a court confirms the arrears and reduces them to a money judgment, the 6% rate applies to the full judgment amount going forward. Partial payments do not stop interest from building on what remains, and the accrued interest becomes part of the enforceable debt. These provisions apply to any payment that became due on or after January 1, 2002.4Texas Constitution and Statutes. Texas Family Code 157.265 – Accrual of Interest on Child Support
License Suspension and Passport Denial
Texas can suspend nearly any state-issued license once a parent owes at least three months of support, has been offered a repayment schedule, and has failed to follow through.5State of Texas. Texas Family Code 232.003 – Suspension of License That covers driver’s licenses, professional licenses in fields like medicine, law, real estate, and education, and recreational licenses for hunting and fishing. A professional license suspension can shut off a parent’s ability to earn a living in their field.
Before suspension takes effect, the obligor gets notice and 20 days to request a hearing. If no hearing is requested, the suspension order can be issued by default.6Justia. Texas Family Code Chapter 232 – Suspension of License
Passport action is federal but starts with state reporting. When arrears reach $2,500, the child support agency reports the case to the U.S. Department of State, which will deny new passport applications and may revoke existing ones.7Administration for Children and Families. Passport Denial Program 101 The block stays until the arrears are paid or the parent makes satisfactory arrangements with the state agency.8U.S. Department of State. Pay Your Child Support Before Applying for a Passport
Liens, Frozen Accounts, and Intercepted Refunds
A child support lien in Texas arises by operation of law against both real and personal property for all amounts due, including accrued interest.9State of Texas. Texas Family Code 157.312 – General Provisions The lien still has to be perfected under the Family Code procedures before it can block a sale or reach a specific asset. Once perfected, it prevents the obligor from selling, refinancing, or transferring real estate until the debt is resolved, and because it becomes a matter of public record, it can damage credit for years.
Financial institutions must cooperate with the state by identifying and freezing accounts belonging to parents who owe support.10Administration for Children and Families. Financial Institution Data Match Freeze and Seize Interstate Processing Insurance settlements and personal injury awards can be captured through the same process.
Federal tax refunds are also on the line. Once a parent owes $500 or more in past-due support, the state can refer the case to the federal tax refund offset program, and the U.S. Treasury will withhold the refund and redirect it to the child support balance.11Office of the Law Revision Counsel. 42 U.S.C. 664 – Collection of Overpayments From Federal Tax Refunds Texas lottery winnings face similar intercept mechanisms. The intercept happens without a separate court order. If a joint return was filed, the current spouse can file an injured spouse claim with the IRS to recover their share, but the obligor’s portion still goes to child support.
Contempt of Court and Jail Time
When administrative tools fall short, the custodial parent or the Attorney General’s office can file a motion for enforcement asking a judge to hold the delinquent parent in contempt.12State of Texas. Texas Family Code 157.001 – Motion for Enforcement A contempt finding for failing to pay support can result in up to 180 days in jail for each separate violation of the order. Judges typically set a purge amount, so the parent can secure release by paying a lump sum toward the arrears.
The court is also required to order the delinquent parent to pay the other side’s reasonable attorney fees, court costs, and related expenses when a failure to pay is found. Fees can be waived for good cause, but if arrears reach $20,000 or more, waiver is only available when the parent is involuntarily unemployed or disabled and lacks the resources to pay.13State of Texas. Texas Family Code 157.167 – Respondent to Pay Attorney’s Fees, Court Costs, and Expenses
The Inability-to-Pay Defense
Texas recognizes inability to pay as an affirmative defense to contempt, but the bar is high. The parent must prove all four elements: they lacked the ability to pay the ordered amount, had no property that could be sold or pledged to raise funds, tried unsuccessfully to borrow the money, and knew of no other legal source from which the money could have been obtained.14State of Texas. Texas Family Code 157.008 – Affirmative Defense to Motion for Enforcement of Child Support The burden falls entirely on the parent raising the defense. Vague hardship claims without documentation will not work, and most defenses fail because a parent can prove some elements but not all four.
Criminal Nonsupport as a Felony
Prolonged, willful refusal to support a child can move the case from civil enforcement into criminal court. Texas Penal Code Section 25.05 makes intentional or knowing failure to support a child under 18 a state jail felony.15State of Texas. Texas Penal Code 25.05 – Criminal Nonsupport A conviction carries 180 days to two years in a state jail facility and a possible fine of up to $10,000.16State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
Prosecutors generally reserve these charges for chronic, long-term cases where civil contempt and administrative enforcement have already been tried. The criminal case runs separately from the civil proceedings, and a conviction creates a permanent felony record affecting employment, housing, and voting rights. The distinction matters: contempt is aimed at coercing compliance, while criminal nonsupport punishes willful refusal.
Modify the Order Before You Fall Behind
Parents who lose income should file to modify the order before missing payments, because arrears that have already accrued are nearly impossible to reduce. Under federal law, each missed payment becomes a judgment by operation of law on the date it is due and cannot be retroactively modified.17eCFR. 45 CFR 303.106 – Procedures to Prohibit Retroactive Modification of Child Support Arrearages A modification can only take effect from the date the other party is served with the petition, at the earliest. Waiting six months to file while debt accumulates creates six months of arrears no court can erase.
Texas allows modification in two situations: when circumstances of the child or a parent have materially and substantially changed since the order was issued, or when it has been at least three years since the order was set and the current monthly amount differs from what the guidelines would produce today by 20% or $100. Job loss, a significant pay cut, disability, and incarceration exceeding 180 days all qualify as material and substantial changes.18State of Texas. Texas Family Code 156.401 – Grounds for Modification of Child Support
File as soon as the change happens. Continuing to pay what you can afford while assuming a court will forgive the shortfall later is the most expensive mistake a parent can make, because courts do not have that power.