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

What Enforcement Options Does Texas Offer?

Texas takes child support nonpayment seriously. Under Tex. Fam. Code § 157.001, a court may hold an obligor in contempt for failing to pay court-ordered support, and penalties escalate significantly with the amount owed. With arrears exceeding $10,000, multiple enforcement mechanisms become available simultaneously.

The Texas Attorney General's Child Support Division is your most powerful free resource. You can open or update a case at no cost, and their office handles enforcement on your behalf. According to the Texas OAG, the division collected over $4.6 billion in child support payments in federal fiscal year 2023 and serves approximately 1.4 million cases statewide.

What Penalties Can the Court Impose?

Texas enforcement tools include:

• Contempt of court and jail time — Under Tex. Fam. Code § 157.166, each missed payment can result in up to 180 days in county jail per violation, with payments coerced through a "purge" amount
• License suspensions — Tex. Fam. Code § 232.003 allows suspension of driver's licenses, professional licenses, hunting and fishing licenses, and recreational licenses
• Property liens — A child support lien attaches automatically to real and personal property under Tex. Fam. Code § 157.312, which means the court can place a lien on assets he benefits from, even if titled to a family member in certain circumstances
• Bank account levies — The AG's office can freeze and seize funds from bank accounts
• Federal passport denial — Under federal law, arrears exceeding $2,500 trigger passport denial through the U.S. State Department
• Credit bureau reporting — Arrears are reported to all three credit bureaus
• Wage withholding from future employment — An income withholding order follows the obligor to any new employer

What If He Claims He Cannot Work?

Texas courts are not easily persuaded by voluntary unemployment. Under Tex. Fam. Code § 154.066, if a parent is intentionally unemployed or underemployed, the court may impute income based on earning potential—considering work history, qualifications, job availability, and the local labor market. Living comfortably in a family member's home while claiming inability to work typically does not satisfy a court that the obligor genuinely cannot earn income.

To modify support downward, the burden falls on him to prove a material and substantial change in circumstances under Tex. Fam. Code § 156.401. Simply choosing not to work does not meet that standard.

How Do I Start the Enforcement Process?

You have two primary paths:

1. File through the Texas Attorney General — Call (800) 252-8014 or visit their website to open an enforcement case. This is free and the AG handles court filings.
2. Hire a private attorney — For faster, more aggressive action, a family law attorney can file a motion for enforcement directly. You can find an exclusive attorney in your county through our directory.

Given that you're raising a child with disabilities, you may also want to review our Texas divorce resources for information on additional support programs. The Texas child support calculator can help verify whether the current order reflects appropriate guidelines, especially if your child's medical needs have increased costs since the original order.

Can Arrears Ever Be Forgiven?

Texas is firm on this: child support arrears cannot be waived by the court when owed to the custodial parent. Under Tex. Fam. Code § 154.009, only the obligee (you) can agree to reduce confirmed arrears. The court cannot unilaterally forgive what is owed to you, regardless of his financial claims.

With over $10,000 in arrears, time is working in your favor legally—but only if you take action. Review our Texas divorce checklist and the Texas child custody statutes for a full picture of your rights. Consulting a family law attorney experienced in enforcement is strongly recommended for cases involving this level of nonpayment.