Back child support in Texas is unpaid, court-ordered support that the obligor parent owes the receiving parent, called child support arrears. As of June 2026, Texas charges 6% simple annual interest on arrears accrued before January 1, 2026, and 3% on arrears arising on or after that date under House Bill 4213. Texas courts retain jurisdiction to enforce these debts for up to 10 years after the child turns 18, and the debt itself never disappears, even in bankruptcy.
This guide explains how past due child support accumulates, how interest is calculated, the enforcement tools the Texas Office of the Attorney General (OAG) uses, and the legal options available to both parents who owe child support and those collecting it.
Key Facts: Back Child Support in Texas
| Factor | Texas Rule |
|---|---|
| Interest Rate (pre-2026 arrears) | 6% simple interest per year |
| Interest Rate (2026+ arrears) | 3% simple interest per year (HB 4213) |
| Enforcement Deadline (money judgment) | 10 years after child turns 18 |
| Enforcement Deadline (contempt) | 2 years after child turns 18 |
| Maximum Jail (contempt) | Up to 6 months county jail |
| Wage Withholding Cap | Up to 50% of disposable earnings |
| OAG Enforcement Cost | Free |
| Governing Statutes | Family Code Chapters 157, 158, 232 |
What Is Back Child Support in Texas?
Back child support in Texas is the cumulative total of court-ordered support payments an obligor parent failed to pay on time, legally termed arrears under Tex. Fam. Code § 157.005. Every missed or partial monthly payment adds to the arrears balance, and Texas does not require a separate lawsuit for each missed payment to establish the debt. Child support debt arises by operation of law the moment a payment becomes delinquent.
Arrears differ from retroactive child support. Arrears are unpaid amounts under an existing order, while retroactive support covers the period before an order existed. Both create enforceable obligations. Under Texas law, the receiving parent or the Texas Attorney General can pursue collection of past due child support through multiple enforcement mechanisms simultaneously. A parent who owes child support cannot discharge the debt in bankruptcy, and the obligation survives until the full balance, plus accrued interest, is paid.
How Does Interest Accrue on Texas Child Support Arrears?
Interest on Texas child support arrears accrues at 6% simple interest per year for amounts that became delinquent before January 1, 2026, and 3% simple interest per year for arrears or judgments arising on or after January 1, 2026, under House Bill 4213. A $10,000 arrearage at 6% grows by $600 annually, compared to $300 at the new 3% rate, a $1,500 difference over five years.
Tex. Fam. Code § 157.265 governs interest accrual and applies simple interest, meaning interest accumulates only on the principal balance, not on previously accrued interest. Interest begins running from the date each payment becomes delinquent until the support is paid or the arrearages are confirmed and reduced to a money judgment. The statute applies the same rate to confirmed money judgments and to retroactive or lump-sum support judgments, running from the date the order is rendered until paid. Because interest compounds the total owed over years, large unpaid balances can grow substantially, which is why prompt resolution benefits the obligor.
How Does Texas Enforce Back Child Support?
Texas enforces back child support through wage withholding, child support liens, bank account levies, tax refund interception, license suspension, passport denial, and contempt proceedings, primarily under Family Code Chapters 157, 158, and 232. The Texas Office of the Attorney General Child Support Division administers most enforcement at no cost to the receiving parent, and federal tax refund interception begins once arrears exceed $150.
The most common tool is income withholding under Tex. Fam. Code § 158.009, which can capture up to 50% of an obligor's disposable earnings and also applies to workers' compensation, severance pay, and lump-sum payouts. When wages are insufficient, the OAG escalates to liens and levies. A child support lien arises by operation of law under Tex. Fam. Code § 157.312, attaching to real property, bank accounts, retirement plans, and most other non-exempt assets. The Financial Institution Data Match (FIDM) program identifies obligor accounts statewide, allowing the OAG to freeze and levy funds quickly after providing notice and an opportunity to contest.
Enforcement Tools and Thresholds
| Enforcement Action | Trigger Threshold | Authority |
|---|---|---|
| Federal tax refund intercept | Arrears over $150 | Federal Tax Refund Offset Program |
| Credit bureau reporting | Arrears over $1,000 | Federal reporting requirements |
| Passport denial | Arrears over $2,500 | Federal Passport Denial Program |
| License suspension | 3+ months behind | Tex. Fam. Code Ch. 232 |
| Wage withholding | Any delinquency | Tex. Fam. Code § 158.009 |
| Contempt / jail | Willful nonpayment | Tex. Fam. Code § 157.165 |
Can You Go to Jail for Back Child Support in Texas?
Yes, a Texas court can sentence a parent to up to 6 months in county jail for contempt of court when nonpayment of child support is willful, under Tex. Fam. Code § 157.165. Each missed payment can constitute a separate contempt violation, and a motion for enforcement seeking contempt must be filed within 2 years after the child becomes an adult under Tex. Fam. Code § 157.005.
Texas distinguishes between civil and criminal contempt. Civil contempt is coercive: the obligor holds the "key to the jail" and can secure release by paying a court-set purge amount. Criminal contempt is punitive, imposing a fixed jail term with no purge option. Most Texas child support cases use civil contempt because the goal is collection, not punishment. A critical defense is inability to pay, which the obligor must affirmatively prove. The enforcement order itself must comply with Tex. Fam. Code § 157.166, specifying the violated provisions, the dates of noncompliance, and, for civil contempt, the exact conditions for release from confinement.
What Is the Statute of Limitations on Back Child Support in Texas?
Texas courts retain jurisdiction to confirm child support arrears and render a cumulative money judgment if a motion is filed no later than the 10th anniversary of the date the child turns 18 or the support obligation otherwise terminates, under Tex. Fam. Code § 157.005(b). For contempt enforcement, the shorter deadline is the 2nd anniversary of the child reaching adulthood. The underlying debt itself has no statute of limitations once reduced to judgment.
This extended window lets receiving parents pursue past due child support long after a child reaches majority. A custodial parent can file a motion to confirm arrearages under Tex. Fam. Code § 157.263, and the court will calculate the total owed including accrued interest, then render an enforceable money judgment. Once a money judgment exists, standard judgment collection tools, including liens and abstracts, apply. Because the 10-year clock runs from the child's 18th birthday rather than from the date of the first missed payment, parents collecting on old arrears retain substantial time to act, but waiting risks losing access to contempt as a remedy after the 2-year mark.
How Do You Collect Back Child Support Through the Texas OAG?
The Texas Office of the Attorney General Child Support Division collects back child support for free, requiring only a completed application, a copy of the court-ordered support order, and records of missed payments. Once arrears exceed $150, the OAG automatically intercepts federal tax refunds, and at 3 months behind it can suspend driver's, professional, and recreational licenses under Tex. Fam. Code Ch. 232.
Applying through the OAG is the lowest-cost path for receiving parents, though the agency's large caseload can make the process slow, sometimes taking several months to produce results, especially when the obligor is hard to locate. The OAG now uses the ChAMP case management system, so applicants should update any saved links. For parents facing complex situations, such as a self-employed obligor concealing income, hiring a private family law attorney to file a motion for enforcement directly can produce faster, more tailored results. A receiving parent can pursue OAG enforcement and private enforcement simultaneously, and prevailing parents typically recover reasonable attorney's fees and court costs under Tex. Fam. Code § 157.167.
What Is Retroactive Child Support in Texas?
Retroactive child support in Texas covers the period before a support order existed, and courts presume an order limited to the four years preceding the date the support petition was filed is reasonable and in the child's best interest under Tex. Fam. Code § 154.131. This four-year presumption can be rebutted with evidence the obligor knew of paternity and sought to avoid establishing support.
Retroactive support differs from arrears because no order yet existed for the back period. Courts retain jurisdiction to order retroactive child support if a petition is filed no later than the fourth anniversary of the child's 18th birthday. In setting the amount, the court weighs whether the receiving parent previously attempted to notify the obligor of paternity, whether the obligor knew of probable paternity, whether the order would cause undue financial hardship, and whether the obligor already provided actual support or necessities. Once a court establishes retroactive support, that amount becomes a money judgment that accrues interest under Tex. Fam. Code § 157.265 at the same rate as other arrears, converting historical obligations into an enforceable, interest-bearing debt.
What Are the Filing Fees for a Child Support Enforcement Case in Texas?
Filing fees for a motion to enforce child support in Texas vary by county because they combine the district clerk's basic SAPCR filing fee with local-option Domestic Relations Office (DRO) charges of up to $15 for an operations fee and up to $36 for a service fee. As of June 2026, exact totals differ by county, so parents should verify with their local district clerk. Verify with your local clerk.
A motion for enforcement must be filed in the court of continuing, exclusive jurisdiction, the same court that issued the original order. The DRO operations and service fees are collected at the time of filing and forwarded to the Domestic Relations Office; notably, these are not technically "filing fees" under Family Code §§ 110.002 or 110.003. Parents who cannot afford the fees may file a Statement of Inability to Afford Payment of Court Costs to request a waiver. The cost-free alternative remains the OAG, which charges nothing to open and pursue an enforcement case. For larger arrears, Tex. Fam. Code § 157.167 bars the court from waiving the obligor's duty to pay the receiving parent's attorney's fees when arrears reach $20,000 or more, unless the obligor is involuntarily unemployed or disabled and lacks resources to pay.
Can Back Child Support Be Reduced or Forgiven in Texas?
Back child support in Texas generally cannot be unilaterally reduced or forgiven, and arrears survive bankruptcy, but co-parents can negotiate a court-approved payment plan or partial satisfaction agreement. Courts will not retroactively modify amounts that already became due, so reducing existing arrears requires the receiving parent's agreement and judicial approval to be enforceable.
Forgiveness options are limited because the support belongs to the child, not the receiving parent, and Texas policy strongly favors collection. However, parents who agree can sometimes reduce interest or accept a lump-sum partial payment in satisfaction of the full balance, provided the court approves the arrangement. The obligor's better strategy is prevention: an obligor whose income drops should promptly file a motion to modify the ongoing order under Tex. Fam. Code § 156.401, because modification only applies going forward and never erases arrears that accrued before the modification request. Courts in 2026 increasingly treat unpaid support as a compliance issue rather than a negotiable debt, expecting parents to seek modification immediately when circumstances change rather than allowing arrears to accumulate.