Tex. Fam. Code § 157.261-157.268

TEXAS FAMILY CODE Chapter 157, Subchapter F — JUDGMENT AND INTEREST CHAPTER 157 • ENFORCEMENT Subchapter F: JUDGMENT AND INTEREST Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest as provided in this chapter. (b) For the purposes of this subchapter, interest begins to accrue on the date the judge signs the order for the judgment unless the order contains a statement that the order is rendered on another specific date. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 5, eff. Sept. 1, 1997. Sec. 157.263. CONFIRMATION OF ARREARAGES. (a) If a motion requests a money judgment for child support, medical support, or dental support arrearages, the court shall confirm the amount of arrearages and render cumulative money judgments as follows: (1) a cumulative money judgment for the amount of child support owed under Subsection (b); (2) a cumulative money judgment for the amount of medical support owed under Subsection (b-1); and (3) a cumulative money judgment for the amount of dental support owed under Subsection (b-2). (b) A cumulative money judgment for the amount of child support owed includes: (1) unpaid child support not previously confirmed; (2) the balance owed on previously confirmed child support arrearages or lump sum or retroactive child support judgments; (3) interest on the child support arrearages; and (4) a statement that it is a cumulative judgment for the amount of child support owed. (b-1) A cumulative money judgment for the amount of medical support owed includes: (1) unpaid medical support not previously confirmed; (2) the balance owed on previously confirmed medical support arrearages or lump sum or retroactive medical support judgment ncludes: (1) unpaid medical support not previously confirmed; (2) the balance owed on previously confirmed medical support arrearages or lump sum or retroactive medical support judgments; (3) interest on the medical support arrearages; and (4) a statement that it is a cumulative judgment for the amount of medical support owed. (b-2) A cumulative money judgment for the amount of dental support owed includes: (1) unpaid dental support not previously confirmed; (2) the balance owed on previously confirmed dental support arrearages or lump sum or retroactive dental support judgments; (3) interest on the dental support arrearages; and (4) a statement that it is a cumulative judgment for the amount of dental support owed. (b-3) In rendering a money judgment under this title that includes child support, medical support, or dental support arrearages, the court may not reduce or modify the amount of arrearages but, in confirming the amount of arrearages, may allow a counterclaim or offset as provided by this title. (c) If the amount of arrearages confirmed by the court reflects a credit to the obligor for support arrearages collected from a federal tax refund under 42 U.S.C. Section 664, and, subsequently, the amount of that credit is reduced because the refund was adjusted because of an injured spouse claim by a jointly filing spouse, the tax return was amended, the return was Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 157, Subchapter F — JUDGMENT AND INTEREST audited by the Internal Revenue Service, or for another reason permitted by law, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff. Sept. 1, es an amount equal to the amount by which the credit was reduced. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 24, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 5, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 8, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 8, eff. September 1, 2023. Sec. 157.264. ENFORCEMENT OF JUDGMENT. (a) A money judgment rendered as provided in this subchapter or a judgment for retroactive child support rendered under Chapter 154 may be enforced by any means available for the enforcement of a judgment for debts or the collection of child support. (b) The court shall render an order requiring that the obligor make periodic payments on the judgment, including by income withholding under Chapter 158 if the obligor is subject to income withholding. (c) An order rendered under Subsection (b) does not preclude or limit the use of any other means for enforcement of the judgment. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 16, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 25, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 17, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 6, eff. September 1, 2015. Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment. (b) Interest accrues on child support a le interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment. (b) Interest accrues on child support arrearages that have been confirmed and reduced to money judgment as provided in this subchapter at the rate of six percent simple interest per year from the date the order is rendered until the date the judgment is paid. (c) Interest accrues on a money judgment for retroactive or lump-sum child support at the annual rate of six percent simple interest from the date the order is rendered until the judgment is paid. (d) Subsection (a) applies to a child support payment that becomes due on or after January 1, 2002. (e) Child support arrearages in existence on January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date accrue interest as follows: (1) before January 1, 2002, the arrearages are subject to the interest rate that applied to the arrearages before that date; and (2) on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described by Subdivision (1) is subject to Subsection (a). (f) Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002. A money judgment for child support rendered before that date is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1, Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 157, Subchapter F — JUDGMENT AND INTEREST 2002. Amended by: Acts 2005, 79th Leg., Ch. 185 (H.B. 678), Sec. 1, eff. M Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 157, Subchapter F — JUDGMENT AND INTEREST 2002. Amended by: Acts 2005, 79th Leg., Ch. 185 (H.B. 678), Sec. 1, eff. May 27, 2005. Sec. 157.266. DATE OF DELINQUENCY. (a) A child support payment is delinquent for the purpose of accrual of interest if the payment is not received before the 31st day after the payment date stated in the order by: (1) the local registry, Title IV-D registry, or state disbursement unit; or (2) the obligee or entity specified in the order, if payments are not made through a registry. (b) If a payment date is not stated in the order, a child support payment is delinquent if payment is not received by the registry or the obligee or entity specified in the order on the date that an amount equal to the support payable for one month becomes past due. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 943, Sec. 2, eff. Jan. 1, 2000. Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued interest is part of the child support obligation and may be enforced by any means provided for the collection of child support. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child support collected shall be applied in the following order of priority: (1) current child support; (2) non-delinquent child support owed; (3) the principal amount of child support that has not been confirmed and reduced to money judgment; (4) the principal amount of child support that has been confirmed and reduced to money judgment; (5) interest on the principal amounts specified in Subdivisions (3) and (4); and (6) the amount of any ordered reasonable and necessary attorney's fees, court costs, expenses, or Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, e d necessary attorney's fees, court costs, expenses, or Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 17, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 20, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 18, eff. January 1, 2010. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 32, eff. September 1, 2025. Sec. 157.269. RETENTION OF JURISDICTION. A court that renders an order providing for the payment of child support retains continuing jurisdiction to enforce the order, including by adjusting the amount of the periodic payments to be made by the obligor or the amount to be withheld from the obligor's disposable earnings, until all current support, medical support, dental support, and child support arrearages, including interest and any applicable fees and costs, have been paid. Added by Acts 1995, 74th Leg., ch. 751, Sec. 54, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 19, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 26, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 30, eff. September 1, 2018. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3