A child support order does not enforce itself. When a former spouse or co-parent stops paying, Texas law gives custodial parents a wide range of tools, from automatic income withholding to contempt of court and even criminal charges, but those remedies generally require filing a formal request with the court or the state’s child support agency rather than happening automatically the moment a payment is missed.

A Missed Payment Does Not Trigger Enforcement on Its Own

Many custodial parents assume that the court or the state will step in the moment a payment is late. In practice, enforcement usually requires either filing a Motion for Enforcement in the court that issued the original order or requesting help from the Office of the Attorney General’s Child Support Division, which administers most child support enforcement in Texas.

Working with the Attorney General’s office is free, but the office handles an enormous volume of cases and can move slowly. A private family law attorney can often pursue enforcement more quickly and tailor the request to the specific history of missed payments, which matters because a Motion for Enforcement generally needs to identify each violation, including the date each payment was due, the amount owed, and the amount actually paid.

Civil Tools Texas Courts Can Use to Collect Unpaid Support

Once a court confirms that payments have been missed, several enforcement mechanisms are available under the Texas Family Code, including:

• Income withholding orders under Chapter 158, which require an employer to deduct support directly from wages
• Liens against bank accounts, real estate, and other property under Chapter 157
• Suspension of a driver’s, professional, hunting, or fishing license under Chapter 232
• Interception of state and federal tax refunds and lottery winnings
• Reporting the delinquency to credit bureaus
• Denial of a passport once arrears reach $2,500, a threshold set under federal law

Courts are also generally required to enter a cumulative money judgment for any confirmed arrears, and unpaid child support in Texas accrues simple interest at six percent per year under Family Code Sections 157.263 through 157.266 until it is paid in full.

Contempt of Court and Potential Jail Time

When a parent willfully refuses to pay despite having the ability to do so, Texas courts can hold them in civil contempt, which can result in up to six months in jail and a fine of up to $500 for each violation.

Beyond civil contempt, Texas Penal Code Section 25.05 makes it a separate criminal offense, known as criminal nonsupport, to intentionally or knowingly fail to support a child under a court order. Criminal nonsupport is charged as a state jail felony, carrying a possible sentence of 180 days to two years and a fine of up to $10,000. The law does provide an affirmative defense for a parent who genuinely could not provide support, which is part of why courts distinguish between a parent facing real financial hardship and one who is simply refusing to pay.

Parents who fall significantly behind, generally more than $5,000 in arrears with an active arrest warrant, may also appear on the Texas Attorney General’s Child Support Evader list, which publishes names and photos in an effort to locate them.

What a Custodial Parent Can Do

A few steps tend to make any enforcement effort more effective:

• Keep a clear, dated record of every missed or partial payment
• Determine whether the other parent’s nonpayment appears to reflect a genuine change in circumstances, such as job loss, or a pattern of willful avoidance
• Decide whether to pursue enforcement through the Attorney General’s office or a private attorney, weighing cost against the urgency of the situation
• Track how arrears and accruing interest are being calculated over time
• Consult an attorney promptly if the other parent is self-employed, frequently changes jobs, or otherwise makes income difficult to verify

Talk to a The Woodlands Child Support Attorney

If your former spouse or co-parent has stopped paying court-ordered child support, Morgan Bourque Attorney at Law can review your order and explain the enforcement options available to you. Our family law attorneys handle child support matters throughout The Woodlands and the greater Houston area. Reach out through our contact page or call (713) 766-6001 to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.