10 Things to Know About Failing To Pay Child Support In Texas

1. Failing to Pay
Can Lead to Jail Time

Texas law does not take failure to pay child support lightly. Going to jail is a real possibility for parents who fail or refuse to make support payments. Not following a court order to pay child support can lead to a contempt of court judgment carrying a penalty of up to 6 months in jail. Texas Penal Code Sec. 25.05 outlines criminal nonsupport which is a state felony offense that can lead to a sentence of 6 months to 2 years in jail.

This statute states “An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the individual to support the child.” Tex. Penal Code § 25.05 (1993)

3. Revocation of License(s)

The Texas Family Code states that failure to pay child support can result in the revocation or suspension of any license issued by a Texas agency. This includes driver’s, business, concealed weapon, and hunting licenses.

4. Liens Can Be Placed On Property

Liens can be placed on assets until any child support debt has been paid off. Assets these liens can be placed against include property, bank accounts, retirement plans, and automobiles.

5. Interception of Tax Refunds and
Lottery Winnings

The government can intercept any means of monetary payments from state and federal sources from a parent who owes child support. This includes tax refund checks and lottery winnings.

6. Impacts On Credit Rating

Credit bureaus are alerted by the state of any individuals who are delinquent on their child support payments. In turn, this will negatively impact their credit rating.

7. Ineligible For A Passport

A parent who owes $2,500 or more in child support payments is not eligible to receive a United States passport.

What to Do If You’re Already Behind on Child Support in Texas

If you’ve fallen behind on child support, acting quickly can prevent the situation from getting worse. Texas adds interest to arrears, and enforcement actions can escalate without much warning.

1. Request a Child Support Modification

If your income has changed due to job loss, reduced hours, disability, or another major event, you can request a modification through the court. Support does not automatically adjust, even if your circumstances drastically change.

2. Communicate With the Other Parent

While it won’t erase arrears, consistent communication can reduce the likelihood of immediate enforcement actions.

3. Contact the Texas Attorney General (OAG)

If you can begin making partial payments or set up a payment plan, the OAG may temporarily defer certain enforcement measures.

4. Keep Documentation

Record job searches, medical issues, or other hardships showing an inability — not refusal — to pay. This can matter during contempt hearings.

8. The State Lists Evaders On A Website

The Texas Attorney General has a webpage dedicated to listing parents who are delinquent on their child support payments. The page includes the names, number of children, and amount owed by child support evaders.

9. Visitation Is Not Denied
When Support Is Owed

In Texas, child support and child visitation are treated separately. This means that a parent who has unpaid child support is still allowed to see their child.

When Jail Becomes a Real Risk in Texas

Texas courts can order jail time when a parent is found in contempt of court for willfully refusing to pay support. Jail sentences may range from a few days to six months, and in severe cases, up to two years. Courts typically reserve jail for situations where:

» A parent can pay but refuses

»The parent ignores multiple court orders

»There is a history of chronic, deliberate non-payment

Jail is avoidable in most cases — especially if you act before the court issues a motion to enforce.

10. Unpaid Support Doesn’t Go Away

One might think that once a child legally becomes an adult, they are no longer liable for unpaid child support payments. This is incorrect. The state can still go after any unpaid child support. These payments will even increase over time as the state also charges interest on late payments.

Modern Family Law

Modern Family Law’s team of experienced Texas family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.