What Happens If You Don’t Pay Child Support in Texas?

Failing to pay court-ordered child support in Texas can result in wage garnishment, property liens, license suspensions, and even jail time. The Texas Attorney General’s Office and local courts have broad enforcement powers, and penalties grow more severe the longer a parent remains in arrears. Unpaid child support is treated seriously under Texas law, and the state actively pursues collection through both civil and criminal channels.

Financial Consequences of Not Paying Child Support in Texas

Once a parent falls behind, the financial impact spreads across income, savings, and assets. Several tools may be deployed at once.

Wage Garnishment

Wage withholding is the most common collection method. Once the Texas Office of the Attorney General (OAG) issues an income withholding order, your employer must deduct the support amount from your paycheck and forward it to the Texas State Disbursement Unit. Up to 50% of your disposable earnings can be withheld.

Tax Refund Interception

Both state and federal tax refunds can be intercepted and applied to unpaid arrears. The OAG submits qualifying cases to the Treasury Offset Program, which diverts refunds before they reach you.

Lottery Winnings and Personal Injury Settlements

Texas law permits the OAG to intercept lottery winnings of $600 or more and apply them toward outstanding child support debt. Personal injury settlements and insurance payouts may also carry liens, meaning funds you expected to receive could be redirected before they reach you.

Credit Damage and Property Liens

Unpaid child support is reported to major credit bureaus once arrears reach a threshold level, which can significantly lower your credit score and limit access to loans and housing. The OAG can place liens on a parent’s property that must be cleared before any sale or transfer. Assets subject to liens include:

• Real estate, including your primary home
• Vehicles, boats, and recreational vehicles
• Bank accounts and financial assets
• Business property and equipment
• Investment and retirement accounts

License Suspension, Passport Denial, and Contempt of Court

Texas can suspend your driver’s license, professional license, hunting license, and fishing license when payments fall significantly behind. The OAG sends a written notice before the suspension takes effect, giving you a limited window to pay or contest.

If you owe $2,500 or more in past-due support, the U.S. Department of State can deny your passport application or renewal. Your passport cannot be issued until the balance is resolved or an acceptable payment plan is in place.

A parent who willfully refuses to pay can be held in contempt of court. A contempt finding can result in a fine of up to $500 per violation, up to six months in jail per violation, or both. The potential for these penalties is included on the final order issued by the court, so parents are on notice that such penalties are possible if they fail to pay.

When Nonpayment Becomes a Criminal Offense

When nonpayment is intentional and prolonged, Texas may file criminal charges.  A first offense is a state jail felony punishable by 180 days to two years in a state jail facility; repeat violations or arrears exceeding two years bring more serious felony charges. The OAG also maintains a public “Most Wanted” list, publishing names, photographs, and balances online and sharing it with law enforcement.

How Nonpayment Affects Custody and Visitation

Child support and custody are handled as separate legal matters in Texas. A parent cannot be denied visitation solely for owing back support. That said, a consistent pattern of nonpayment can surface in modification hearings when a court weighs a parent’s overall commitment.

Arrears in Texas do not expire. Even after a child turns 18, any unpaid balance stays enforceable. The OAG can continue wage garnishment and property liens until the full amount is paid.

Texas Child Support Payment Laws

Texas calculates child support based on the paying parent’s net monthly income and the number of children covered. Under Texas Family Code § 154.125, the standard guideline percentages of net resources are:

• 1 child: 20% of net resources.
• 2 children: 25% of net resources.
• 3 children: 30% of net resources.
• 4 children: 35% of net resources.
• 5 children: 40% of net resources.
• 6 or more children: not less than 40% of net resources.

How Child Support Is Enforced in Texas

The OAG is the primary agency overseeing child support enforcement statewide. Working independently or alongside Harris County District Courts, the OAG pursues collection through administrative actions, civil lawsuits, and criminal prosecution.

How to Request a Child Support Modification

If your situation has genuinely changed and you can no longer afford current payments, you have the right to ask the court for a modification. Stopping payments on your own will only deepen your arrears. Valid grounds include:

• Job loss or a significant reduction in income
• Serious illness or disability
• Incarceration
• A change in custody or parenting time
• The birth of additional children
• A substantial change in the other parent’s income

What Happens to Informal or Cash Payments?

Texas courts rely exclusively on records from the Texas State Disbursement Unit to track child support payments. Cash payments, personal transfers, and any amounts paid outside the official system are typically not credited toward your court-ordered balance, even if the other parent accepted them without complaint. If you have been paying informally, those payments are treated as if they were never made. Going forward, all payments should run through the official disbursement system to protect your record.

Don’t Wait to Contact a Child Support Lawyer

If you are falling behind on child support and worried about losing your license, facing contempt charges, or having your wages garnished, our team at C. E. Schmidt & Associates PLLC is ready to help.

Call (281) 550-6650 or contact us online to schedule a consultation with a Houston child support attorney who will review your order, explore your options for modification or resolution, and protect your rights throughout the process.