Consequences for Refusing to Pay Alimony in Texas

Whether you are required to pay alimony or are struggling to collect overdue support, divorce and family law cases involving spousal support enforcement in Texas can have serious consequences.

Courts take missed payments seriously. The methods used to enforce an alimony order can impact your finances, daily routine, and even your personal freedom. If you are dealing with unpaid alimony on either side of the issue, you have options, and you do not have to figure them out alone.

At C. E. Schmidt & Associates PLLC, we help families across the Houston area handle alimony disputes with their best interests in mind. Call us at (281) 550-6650 or reach out online to speak with our Texas alimony attorneys about enforcement or modification and start moving forward.

Contempt of Court

Under Texas Family Code § 8.059, a court has the authority to enforce spousal maintenance orders. When a paying spouse falls behind on alimony payments, the receiving spouse can file a motion for contempt in a Harris County family court. A contempt finding means the court has determined that the paying spouse willfully disobeyed a valid court order, and contempt can lead to:

• Jail time: A judge can sentence the non-paying spouse to up to 180 days in county jail for each instance of missed payment.
• Fines: The court may impose a fine of up to $500 per violation, in addition to any back payments owed.
• Attorney’s fees: The court can order the non-paying spouse to pay the legal costs the receiving spouse incurred in bringing the enforcement action.

Income Withholding or Wage Garnishment

Income withholding is one of the most common enforcement tools used in Harris County. If spousal support payments are not being made voluntarily, the court can order income withholding directly from the paying spouse’s employer. Once this order is in place, the money comes out of the paycheck before the paying spouse ever sees it:

• Withholding from wages, salaries, and commissions
• Withholding from bonuses and retirement income
• Withholding from independent contractor payments in some cases
• Automatic forwarding of payments to the receiving spouse through the State Disbursement Unit

Money Judgment and Property Liens

A court can issue a money judgment for the total amount of unpaid alimony, which then functions like any other civil debt. The receiving spouse can use that judgment to place a lien on the non-paying spouse’s real property, including homes, land, or commercial property, which prevents the sale or refinancing of that property until the debt is satisfied.

Suspension of Licenses

Texas law allows courts to suspend certain licenses when a spouse refuses to pay court-ordered alimony. The suspension can affect multiple areas of the non-paying spouse’s life and ability to earn a living:

• Driver’s license
• Professional licenses, including medical, legal, and real estate licenses
• Hunting and fishing licenses
• Recreational licenses

Writ of Execution

A writ of execution allows the receiving spouse to seize the non-paying spouse’s non-exempt personal property to satisfy the alimony debt. A Texas divorce court can direct a constable or sheriff to take bank account funds, vehicles, or other assets and apply them toward the outstanding balance.

Termination of Alimony by Operation of Law

Texas law automatically terminates spousal maintenance when either party dies, when the receiving spouse remarries, or when the receiving spouse begins cohabitating in a romantic relationship. Under Texas Family Code § 8.057, the paying spouse can petition the court to terminate or reduce maintenance based on proof of cohabitation or other qualifying changes.

Petition to Modify Alimony in Texas

Filing a petition to modify alimony requires showing the court that a material and substantial change in circumstances has occurred since the original order. The process begins with filing in the same court that issued the original order. Circumstances warranting a change include:

• Loss of employment or a significant reduction in income
• Retirement of the paying spouse
• Change in the receiving spouse’s financial needs
• Remarriage or cohabitation of the receiving spouse
• A change in either party’s health status

Modifications are not automatic, and the court will weigh the evidence carefully before making any changes. If you had a prenuptial agreement that addressed alimony terms as part of your divorce settlement, the court will also consider those provisions when deciding whether to grant the modification.

How C. E. Schmidt & Associates PLLC Can Help

Our divorce attorneys bring over 100 years of combined family law experience to every case we handle. We only employ staff with proven track records, and the least tenured member of our team has more than five years of experience working exclusively in family law. There are no beginners at our firm, and that level of preparation shows in the results we deliver for our clients:

• Reviewing existing alimony orders for enforcement options
• Filing motions for contempt or income withholding
• Preparing petitions to modify spousal support
• Representing clients in hearings before family court judges
• Gathering financial records and documentation to support your position

FAQ: Common Questions About Alimony in Texas

Does Unpaid Spousal Support Collect Interest in Texas?

Yes. Unpaid spousal support in Texas accrues interest at a rate of 6% per year on any past-due amounts. This means the total amount owed can grow significantly if payments remain outstanding for months or years.

What if You Had a Private Agreement?

If your alimony arrangement was part of a private contractual agreement rather than a court-ordered maintenance obligation, enforcement options may differ. Private agreements are generally enforced through contract law rather than contempt proceedings, which means the remedies available to you may be more limited.

Is Alimony Dischargeable in Bankruptcy?

No. Spousal maintenance obligations in Texas are not dischargeable through bankruptcy. Federal law treats alimony as a domestic support obligation, which means it survives a bankruptcy filing and the paying spouse remains responsible for the full amount owed, including any arrears.

Don’t Face Enforcement Alone: Contact a Spousal Support Lawyer

Alimony disputes have real financial and legal consequences, and the longer they go unresolved, the harder they are to untangle. At C. E. Schmidt & Associates PLLC, we have the depth and commitment to handle your divorce and family law case with the attention it demands. Call us at (281) 550-6650 or contact us online to speak with our alimony lawyers in Texas and start getting answers today.