What Can I Do When My Child's Father Is Over $10,000 Behind in Child Support in Texas?

What Enforcement Tools Does Texas Have for Unpaid Child Support?

Texas takes child support enforcement seriously. Under Tex. Fam. Code § 157.001, a court can hold a parent in contempt for failing to pay court-ordered support. Each missed payment is a separate violation, and penalties can include fines up to $500 per occurrence and jail time of up to six months per count. With $10,000+ in arrears, you could be looking at dozens of individual violations.

The Texas Office of the Attorney General (OAG) Child Support Division handles roughly 1.2 million child support cases statewide and collected over $4.5 billion in fiscal year 2024. If you haven't already opened a case with the OAG, that should be your first step — their enforcement services are free regardless of income.

Can He Claim He "Can't Work" to Avoid Paying?

Texas courts aren't easily fooled by voluntary unemployment. Under Tex. Fam. Code § 154.066, when a parent is intentionally unemployed or underemployed, the court can impute income — meaning they calculate support based on what he could earn given his education, experience, and local job market, not what he claims to make. Living in a million-dollar home while claiming inability to work is exactly the kind of situation where judges apply imputed income.

Approximately 70% of child support arrears nationally are owed by parents with some ability to pay, according to federal Office of Child Support Services data. Courts look at lifestyle evidence, assets, and spending patterns — not just tax returns.

What Specific Actions Can the OAG Take?

Once the OAG is involved, they have an arsenal of enforcement mechanisms outlined in Tex. Fam. Code Chapter 157 and Chapter 158:

• Wage withholding — Even from irregular or future income sources
• Driver's license suspension under Tex. Fam. Code § 232.003 for arrears exceeding 3 months
• Professional and recreational license suspension — hunting, fishing, and occupational licenses
• Property and bank account liens — the state can seize funds directly
• Passport denial — federal law blocks passport issuance when arrears exceed $2,500
• Credit bureau reporting — damaging his credit score
• Tax refund intercept — both state and federal
• Criminal prosecution — a felony charge is possible when arrears exceed $10,000 or payments are missed for longer than two years

Does Having a Disabled Child Change Anything?

Yes. Under Texas family law, courts can order support beyond age 18 for children with disabilities who require substantial care. Under Tex. Fam. Code § 154.302, if your child has a physical or mental disability that requires continuing supervision, the court can order indefinite child support — meaning his obligation may never end. Additionally, extraordinary medical and therapeutic expenses can be allocated between parents under Tex. Fam. Code § 154.123.

You may also be able to seek a modification to increase support based on your child's documented needs. Review the Texas divorce checklist for guidance on organizing your case documentation.

What Should You Do Right Now?

1. File an enforcement action — Contact the OAG Child Support Division or hire a private family law attorney to file a motion for contempt. Use our find your attorney tool to connect with a Texas family law specialist in your county.
2. Document everything — Keep records of his lifestyle, missed visitations, and your child's expenses. Our Texas divorce resources page has links to court forms.
3. Request a review — If your current order doesn't reflect your child's disability-related costs, request a modification through the OAG or court.
4. Consider a child support calculator — Use our Texas child support calculator to estimate what he should be paying based on imputed income.

The system does have teeth — but you often have to push it to bite. According to Texas child support statistics, enforcement actions result in collection of arrears in the majority of pursued cases. Consult a family law attorney to determine the strongest enforcement strategy for your specific situation.