Child support plays a key role in safeguarding the well-being and stability of children after divorce or when parents live apart. Noncustodial parents in Texas have an ongoing legal obligation to make timely support when court-ordered. When those payments are not made, families can struggle to meet basic needs, and children may lose access to the resources they need for healthy development.

Texas courts and the Texas Attorney General’s Office treat unpaid child support seriously, and a range of enforcement tools exist to ensure that delinquent parents fulfill their obligations. Understanding how these tools work and what options are available when a parent truly cannot afford to pay can be essential for anyone involved in a child support dispute.

The Importance of Court-Ordered Child Support

Texas law requires noncustodial parents to follow child support orders. The parent who does not have primary custody is typically the one expected to make monthly payments, although a child support order can vary based on custody arrangements and each parent’s income. Consistent payments help cover costs related to education, medical care, housing, and other necessities. When the noncustodial parent fails to comply, courts can take firm steps to hold that individual accountable.

There are multiple consequences associated with failing to pay child support. Each parent should be aware of the dangers of failing to pay child support as ordered, along with the penalties that could be imposed. Unpaid child support can accumulate quickly, leading to a large balance that includes interest. In extreme situations, the repercussions can escalate to driver’s license suspensions, passport denials, or even jail time. Courts encourage compliance by offering several enforcement methods that aim to secure payments and protect the child’s financial needs.

Enforcement Actions Against Delinquent Parents

A variety of measures can be used to collect overdue child support when a parent falls behind:

  • Wage garnishment and income withholding:
    Employers are directed to withhold a portion of the noncustodial parent’s wages and send the funds to the appropriate child support agency or registry. This process may extend to bonuses, commissions, or other forms of compensation. The goal is to ensure that a reliable flow of money reaches the child on a consistent basis. Employers are typically required by law to comply with income withholding orders, and failure to do so can lead to penalties.
  • Interception of tax refunds and stimulus checks:
    Overdue child support payments can be taken from a federal tax refund or certain state tax refunds. The Texas Child Support Division may collaborate with federal authorities to intercept stimulus checks under specific circumstances. This strategy helps reduce arrears by directing lump-sum government payments toward unpaid support obligations rather than allowing that money to land in the delinquent parent’s bank account.
  • Liens on property and bank accounts:
    When wage garnishment or tax refund interception fails to cover the arrears, courts may approve liens against real estate or bank accounts belonging to the delinquent parent. A lien can make it impossible to sell or transfer the property without addressing the debt. Funds in a bank account can be frozen and used to pay down overdue child support. These measures often motivate parents to find ways to meet their obligations, as liens and freezing accounts bring such extreme financial repercussions.

Civil and Criminal Penalties for Non-Payment

Enforcement actions are intended to secure timely child support, but civil and criminal sanctions are also a possibility when a parent ignores a support order.

Criminal penalties for non-payment include:

  • Contempt of court charges and potential jail time:
    Failing to comply with a court order constitutes contempt of court. Judges may impose fines or order incarceration if a parent refuses to comply despite having the resources to do so. In many situations, a judge will give the delinquent parent a chance to pay at least a portion of the arrears to avoid jail time. Repeat offenses can carry stricter penalties, reinforcing the importance of following child support orders consistently.
  • Suspension of driver’s licenses, professional licenses, and passports:
    A parent who owes overdue child support can face restrictions on professional or occupational licenses. Doctors, nurses, and other licensed professionals may lose their credentials if they do not settle child support arrears. Passports can be denied or revoked for substantial unpaid support, making international travel impossible until the debt is addressed. This measure is particularly powerful for parents who travel for business or personal reasons.
  • Credit reporting and financial repercussions:
    Large overdue balances can appear on a credit report, harming the delinquent parent’s credit score. A poor credit rating can make it more difficult to secure loans or mortgages. The financial repercussions of long-term delinquency can linger well beyond the period of missed payments, affecting numerous aspects of a parent’s life.

Seeking Assistance Through the Texas Attorney General’s Office

The Texas Attorney General’s Office, through the Child Support Division, plays a central role in enforcing court-ordered child support. Coordinating with local authorities and the courts, the Child Support Division ensures that families receive the financial support mandated by Texas law. Many custodial parents rely on the state’s enforcement mechanisms, which can be particularly helpful if the noncustodial parent moves or attempts to hide financial resources.

Two main avenues exist for parents seeking help from the Child Support Division:

  • Role of the Texas Child Support Division in enforcing orders:
    The division monitors cases, tracks payments, and can act when overdue amounts accumulate. A range of enforcement tactics is available, from locating a delinquent parent’s employer to filing legal motions. Parents can seek help by contacting the Child Support Division and providing details about any missed payments.
  • Filing an enforcement action in family court:
    If informal avenues fail to secure compliance, custodial parents can request a formal enforcement proceeding. The court reviews evidence of missed payments and can impose sanctions, including wage garnishment or license suspension. If a delinquent parent still refuses to comply, a court may issue a contempt of court ruling that includes fines or jail time. These legal steps emphasize the seriousness of unpaid child support and the willingness of Texas courts to preserve the child’s financial security.

Child Support Enforcement Under the Texas Family Code

Texas law provides the legal framework for child support obligations and enforcement. Two key provisions guide how courts approach unpaid support and the potential penalties for ignoring a court order:

  • Texas Family Code § 154.001 – Duty to pay child support:
    This section establishes the fundamental duty of a parent to support a child until the child graduates from high school or turns 18. Under certain circumstances, support obligations may continue beyond age 18, particularly if the child has special needs. This section clarifies the obligation and generally underscores the critical importance of ensuring a child’s financial well-being.
  • Texas Family Code § 157.008 – Consequences of non-payment and enforcement mechanisms:
    This section outlines the consequences a noncustodial parent can face when failing to meet support obligations. Courts lean on the tools provided here to enforce compliance, from wage garnishment to judgments. The code empowers judges to issue liens, suspend licenses, and hold a parent in contempt of court. These actions work collectively to promote consistent payment and deter willful non-payment.

What If You Cannot Afford to Pay? Seeking a Modification

Circumstances can shift after a child support order is issued. Job loss, health issues, or other personal challenges sometimes make the original support amount difficult to pay. Courts acknowledge that these situations can arise, but a parent who has trouble meeting the obligations must formally request a modification.

There are two primary steps for seeking a change in the support order:

  • Requesting a modification due to financial hardship:
    The parent seeking a modification must show evidence that income has substantially declined, or costs have skyrocketed in a way not anticipated when the original support order was issued. Layoff notices, medical bills, or proof of reduced hours are common forms of evidence.
  • Proving a substantial change in financial circumstances:
    Courts usually require clear evidence that the change is material and lasting. A temporary drop in hours or a brief illness may not meet the standard. Judges look for convincing proof that current circumstances are unlikely to improve soon without an adjusted child support amount. Once a modification request is filed, the custodial parent is entitled to notice and have a chance to respond.

Facing Child Support Issues? Call Cutrer Law Group

Cutrer Law Group supports parents in pursuing child support enforcement and modification challenges. Whether the issue involves a noncustodial parent who has not met obligations or a parent facing financial setbacks that render the original order unmanageable, legal guidance can be vital. The framework of Texas Family Code provisions and the enforcement powers of the Texas Attorney General’s Office can seem complicated, especially when tensions run high.

A discussion about child support enforcement options or valid grounds for modification can help safeguard a child’s interests and limit legal risks. With professional legal representation, you can resolve issues such as missed payments, defend against unwarranted claims, or pursue a child support modification to match the current financial situation.

Call Cutrer Law Group today at 817-854-1651 for a consultation regarding the enforcement or modifications of child support orders.