06 Aug What Can I Do If My Ex Won’t Pay Child Support in Texas?
When child support payments stop, your bills do not stop with them. If your child’s other parent has fallen behind or quit paying altogether, it can feel like the system is not on your side. Texas law actually gives you several real tools to enforce a support order, and knowing how they work is the first step to using them.
What Counts as Nonpayment Under Texas Law
A parent owes child support because a Texas court ordered it, based on the Texas child support guidelines, not because of a personal agreement between parents. Missing a payment, paying late, or paying less than the order requires are all violations, even if the paying parent says they lost a job or fell on hard times.
Only a judge can lower, pause, or cancel a support obligation, and any change is applied from that point forward, not retroactively. An informal understanding between parents, even one made with good intentions, does not hold up later if the case goes back to court.
Enforcement Through the Office of the Attorney General
The Texas Office of the Attorney General runs a Child Support Division that can help collect unpaid support. Depending on the case, this can include withholding income directly from a paycheck, intercepting a tax refund, suspending a driver’s license or passport, and reporting the debt to credit agencies.
This route can be a practical option for straightforward collection, though it can also move slowly, especially if the case already involves other issues like custody disputes.
Filing a Motion for Enforcement in Family Court
A parent can also file a motion for enforcement directly in the family court that issued the original order. The other parent receives notice and the case is set for a hearing. At the hearing, the paying parent has to account for what has and has not been paid.
The judge reviews the payment record and can order the unpaid balance, called an arrearage, to be paid back, often with interest added. If the underlying order also needs to change because income or circumstances are different now, that is a separate step known as a modification, not an enforcement action.
What a Judge Can Order for Nonpayment, Including Contempt
- A money judgment for the unpaid balance plus interest
- Wage withholding straight from a paycheck
- Seizing funds from a bank account or tax refund
- Contempt of court, a formal finding that someone knowingly disobeyed a court order, which can include fines or, in serious repeat cases, jail time
- Payment of the other parent’s attorney’s fees in some cases
Texas courts take unpaid child support seriously, because the support belongs to the child, not to either parent personally.
Steps to Take Right Now If Payments Have Stopped
- Keep a written record of every payment received and every payment missed, including dates and amounts
- Do not agree informally to accept less money without going back to court to make it official
- Decide whether the Attorney General’s office or a direct court filing fits your situation better
- Consider working with an attorney if the support issue is tangled up with custody, visitation, or property matters already in front of the same court
An attorney who is Board Certified in Family Law by the Texas Board of Legal Specialization can help sort out which enforcement path makes sense, especially in a case that is not simple nonpayment alone.
This article is general information about Texas child support law. It is not legal advice about your specific case.
If support payments have stopped and you are ready to do something about it, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.