When a parent fails to pay court-ordered child support in Texas, the state has extensive enforcement powers under Texas Family Code Chapter 157 to collect the debt. Texas child support enforcement tools include wage garnishment of up to 50% of disposable income, suspension of driver's and professional licenses after 3 months of non-payment, contempt of court penalties up to 180 days in jail per violation, liens on bank accounts and property, tax refund interception, and passport denial for arrears exceeding $2,500. As of January 1, 2026, unpaid child support accrues interest at 3% annually under Texas House Bill 4213, and this debt cannot be discharged in bankruptcy. The Texas Attorney General's Office works with over 60 licensing agencies to enforce payment, and criminal nonsupport charges under Texas Penal Code Section 25.05 can result in state jail felony conviction with penalties of 180 days to 2 years imprisonment plus fines up to $10,000.
Key Facts: Texas Child Support Enforcement
| Factor | Details |
|---|---|
| Wage Garnishment Limit | Up to 50% of disposable income |
| Interest on Arrears (2026+) | 3% simple interest annually |
| Interest on Pre-2026 Arrears | 6% simple interest annually |
| License Suspension Threshold | 3 months overdue support |
| Passport Denial Threshold | $2,500 in arrears |
| Contempt Jail Time | Up to 180 days per violation |
| Contempt Fine | Up to $500 per violation |
| Criminal Nonsupport | State jail felony (180 days-2 years) |
| Enforcement Period | 10 years after child turns 18 |
| Filing Fee (Motion to Enforce) | $80-$350 depending on county |
How Texas Enforces Unpaid Child Support
Texas child support enforcement begins with automatic income withholding, which is mandated in every child support order under Texas Family Code Chapter 158. When a parent falls behind on payments, the Texas Attorney General's Child Support Division can initiate enforcement actions administratively without requiring the custodial parent to file a lawsuit. The enforcement process escalates from wage garnishment to license suspension to potential jail time based on the severity and duration of non-payment. Texas processed over 1.2 million child support cases in 2024, collecting approximately $4.2 billion in support payments through these enforcement mechanisms.
The enforcement timeline typically follows this pattern: after one missed payment, income withholding increases automatically if not already at maximum levels. After three months of non-payment, license suspension proceedings begin under Texas Family Code Chapter 232. After six months, tax refund interception and credit reporting commence. Parents owing more than $5,000 with active arrest warrants may be listed on the Texas Attorney General's Child Support Evader website, a public database accessible to employers and the general public.
Wage Garnishment for Child Support in Texas
Texas wage garnishment for child support allows courts to withhold up to 50% of a parent's disposable income directly from their paycheck under Texas Family Code Section 158.009. Disposable income means gross pay minus mandatory deductions such as federal taxes, Social Security, and Medicare. The employer receives a wage withholding order and must begin deducting payments within the first pay period that occurs more than 10 days after receiving the order. Employers who fail to comply face penalties of up to $200 per occurrence plus potential liability for the full amount of child support not withheld.
The wage garnishment system in Texas operates through the State Disbursement Unit, which receives payments from employers and distributes them to custodial parents. When multiple income sources exist, such as a primary job and side business, the Texas Attorney General can pursue withholding from all sources simultaneously. Self-employed individuals present enforcement challenges, but the state can pursue bank levies, property liens, and business asset seizures to collect arrears. As of 2026, Texas courts apply stricter documentation requirements for commission income, bonuses, and self-employment revenue to ensure accurate support calculations.
License Suspension for Non-Payment
Texas suspends driver's licenses, professional licenses, and recreational licenses when child support arrears equal or exceed three months of ordered payments under Texas Family Code Section 232.003. The Texas Attorney General's Office coordinates with over 60 licensing agencies to enforce this penalty, affecting licenses for nursing, law, real estate, cosmetology, construction contracting, hunting, and fishing. A parent cannot obtain a new license or renew an existing license while suspension is in effect, and the Texas Department of Public Safety does not issue occupational licenses to parents revoked for child support delinquency.
To avoid license suspension, the obligor must enter into a payment agreement that includes a lump sum toward arrears and commit to regular ongoing payments. The suspension remains until the Texas Attorney General or court issues a release order, which requires either full payment of arrears or demonstrated compliance with an approved repayment plan. In 2026, Texas courts show less flexibility for informal payment agreements between parents, requiring documented payment plans through the state disbursement system to ensure accountability and tracking.
Contempt of Court Penalties
A Texas court can hold a parent in contempt for willfully failing to pay child support, imposing penalties of up to 180 days in county jail and fines up to $500 per violation under Texas Family Code Section 157.166. Each missed payment constitutes a separate violation, so a parent who misses 12 monthly payments could theoretically face up to 2,160 days (nearly 6 years) of potential jail time if each violation receives the maximum sentence. The court must find that the parent had the ability to pay and intentionally chose not to comply with the order.
To pursue contempt charges, the custodial parent files a Motion for Enforcement with the court that issued the original child support order. The motion must identify each specific violation with dates and amounts, making it one of the most technically precise documents in Texas family law. Filing fees range from $80 to $350 depending on the county. The burden then shifts to the non-paying parent to prove inability to pay as an affirmative defense. Inability to pay means the parent genuinely lacks resources despite good-faith efforts to obtain employment, not simply that payment would cause financial hardship or lifestyle changes.
Criminal Nonsupport Charges
When a Texas parent intentionally fails to provide support for a child under 18, the state can pursue criminal charges under Texas Penal Code Section 25.05, which classifies the offense as a state jail felony. A conviction carries penalties of 180 days to 2 years in state jail plus fines up to $10,000. Unlike civil contempt, criminal nonsupport requires proof beyond a reasonable doubt that the parent knowingly and intentionally failed to support the child. The prosecution can proceed on the uncorroborated testimony of the custodial parent alone.
The affirmative defense to criminal nonsupport is that the parent could not provide support, meaning a complete inability to work or earn income due to disability, incarceration, or other extraordinary circumstances. Simply being unemployed or underemployed does not constitute this defense. Texas prosecutors typically pursue criminal charges in cases involving substantial arrears, a pattern of willful non-payment despite ability, or parents who flee the state to avoid obligations. Conviction creates a permanent felony record affecting employment, housing, and voting rights.
Bank Account Seizure and Property Liens
Texas child support liens attach to bank accounts, real estate, retirement accounts, life insurance proceeds, personal injury settlements, and workers' compensation awards under Texas Family Code Section 157.317. When a lien notice is delivered to a financial institution, the bank must immediately freeze the account in an amount equal to the arrears and notify any co-owners of the frozen funds. The obligor has 15 to 21 days to contest the levy before the bank remits funds to the claimant.
A child support lien on a financial institution account has no automatic expiration date and continues until all current support and arrears, including interest, costs, and fees, are paid or released by court order. The lien also attaches to after-acquired property, meaning deposits made after the lien notice was delivered remain subject to seizure. Child support liens take priority over most other liens recorded after the child support lien notice, so selling property subject to a lien requires satisfying the child support obligation first.
Interest on Child Support Arrears
Unpaid child support in Texas accrues simple interest from each installment's due date under Texas Family Code Section 157.265. Effective January 1, 2026, Texas House Bill 4213 reduced the interest rate from 6% to 3% annually for arrears accruing on or after that date. Arrears that accumulated before January 1, 2026, continue to accrue at the original 6% rate. Simple interest means the calculation applies only to the principal arrears amount, not to accumulated interest, which prevents compounding.
A parent who owes $10,000 in arrears at the 6% rate accumulates $600 in additional debt each year from interest alone. Over a 10-year enforcement period, that $10,000 balance grows to $16,000 without any additional missed payments. The 2026 rate reduction acknowledges that excessive interest can make arrears impossible to resolve, but the change only affects new obligations and does not retroactively reduce interest already accrued on existing arrears.
Tax Refund and Passport Denial
The Federal Tax Refund Offset Program intercepts federal and state tax refunds from parents who owe child support arrears, applying the refund amount directly to the debt under federal law 42 U.S.C. Section 664. Texas submits cases to the federal offset program when arrears exceed $150 for current TANF recipients or $500 for all other cases. The IRS and Texas Comptroller notify taxpayers before offsetting refunds, providing an opportunity to contest if the debt is disputed. Intercepted amounts are applied first to arrears, then to current support obligations.
Federal law denies passports to parents owing more than $2,500 in child support under 42 U.S.C. Section 652(k). The Department of Health and Human Services shares data with the State Department, which will deny new passport applications or refuse to renew existing passports. In 2026, the federal government expanded enforcement to proactively revoke existing passports for parents owing more than $100,000, with plans to lower that threshold over time. This prevents international travel until arrears are resolved through payment or approved payment plan.
Texas Attorney General Enforcement Services
The Texas Attorney General's Child Support Division provides free enforcement services to custodial parents regardless of income level. The office locates absent parents, establishes paternity, obtains and enforces court orders, and collects and distributes payments. To open a case, parents complete an application through the Texas Attorney General's website or local child support office. The division handled approximately 1.4 million cases in 2024, with a collection rate of approximately 62% of current support obligations.
Enforcement actions available through the Attorney General include income withholding, license suspension, credit bureau reporting, tax refund interception, passport denial, property liens, and contempt proceedings. The office can pursue these remedies administratively without requiring court hearings in many situations, making enforcement faster and less expensive than private litigation. However, parents who want more aggressive enforcement or face unique circumstances may benefit from hiring a private family law attorney to file enforcement motions directly with the court.
How to Respond If You Can't Pay Child Support
A parent who genuinely cannot pay child support due to job loss, disability, or other changed circumstances should immediately file a Motion to Modify with the court before falling into arrears under Texas Family Code Section 156.401. Texas courts can reduce child support prospectively from the date of filing but cannot forgive past-due amounts. Waiting until enforcement actions begin makes modification more difficult because the court may question why the parent did not act sooner.
Parents facing temporary hardship should contact the Texas Attorney General's office to discuss payment plans before accounts are referred for aggressive enforcement. An approved repayment schedule can prevent license suspension and contempt charges while allowing the parent to address arrears over time. However, the parent must comply strictly with the agreed schedule, as any deviation can trigger immediate enforcement actions. Texas courts in 2026 show reduced tolerance for undocumented informal agreements between parents, so any payment modification should be formalized through the court or Attorney General's office.
Comparison: Civil vs. Criminal Enforcement
| Factor | Civil Contempt | Criminal Nonsupport |
|---|---|---|
| Legal Standard | Clear and convincing evidence | Beyond reasonable doubt |
| Maximum Jail Time | 180 days per violation | 2 years (state jail felony) |
| Maximum Fine | $500 per violation | $10,000 |
| Who Initiates | Custodial parent or AG | District Attorney |
| Record Type | Civil court finding | Criminal felony conviction |
| Defense | Inability to pay | Could not provide support |
| Probation Option | Community supervision up to 10 years | Judge or jury may grant |
| Cumulative Penalties | Each missed payment is separate violation | Single offense for pattern |