When your ex stops paying child support in Texas, you have two enforcement paths: file with the Texas Attorney General’s Office (OAG) for free assistance with a longer timeline, or hire a private attorney for faster court action. Both can force wage garnishment, license suspension, and contempt charges carrying up to 6 months jail time.
Warren & Migliaccio, L.L.P. has been helping North Texas families enforce child support obligations since 2006. We understand the financial stress you’re facing when your ex refuses to pay what the court ordered. Every missed payment puts your child’s basic needs at risk—and you don’t have to accept broken promises.
Is This Your Situation? Who This Guide Is For
Do I Qualify? Quick Fit Check
Answer 3 yes or no questions based on the criteria in this article. You will get a result and the best next step to read next.
Do you have an existing Texas court order for child support?
This guide is built around enforcing an existing order.
Has your ex missed 2 or more consecutive monthly child support payments?
This article’s enforcement focus starts once missed payments become a pattern.
Does your child live with you in Dallas, Collin, Denton, or Tarrant County?
This guide is written with North Texas filing and strategy in mind.
Want help choosing the right path? Call (888) 584-9614.
Call (888) 584-9614This is general information, not legal advice. Every case depends on the order, the payment history, and the paying parent’s actual ability to pay.
This enforcement guide is for you if:
- You have an existing Texas court order for child support
- Your ex has missed 2+ consecutive monthly payments
- You can document specific missed payments with dates and amounts
- Your child lives with you in Dallas, Collin, Denton, or Tarrant County
- You're ready to take legal action, not just make threats
This guide is NOT for you if:
- You never established a formal child support order (you need to file for support first)
- You want to "punish" your ex but payments are current
- You agreed informally to reduce payments—courts won't recognize informal changes
- You're considering withholding visitation as payback
(It is illegal to withhold visitation rights due to unpaid child support in Texas. Custody and support are separate legal issues.)
Key Definitions—Understanding Texas Child Support Enforcement
Texas law establishes child support as a court-ordered legal obligation that doesn't disappear just because your ex stops paying. Enforcement actions use specific legal terms that you need to understand before taking action. These terms appear in court documents, OAG correspondence, and enforcement orders.
| Term | Texas Definition |
|---|---|
| Obligor | The parent ordered by the court to pay child support (typically the non-custodial parent) |
| Arrears | Past-due child support. In Texas, 6% simple interest can apply once the past-due amount is more than one monthly payment. |
| Income Withholding Order (IWO) | Court order requiring employer to automatically deduct child support from obligor's paycheck |
| Contempt of Court | Legal finding that obligor willfully violated court order; can result in up to 6 months jail time |
| Criminal Nonsupport | State felony charge under Texas Penal Code § 25.05 for intentionally failing to pay; carries up to 2 years imprisonment |
Child support obligations in Texas usually last until the child turns 18 or graduates from high school, whichever happens later. In some cases, support can last longer. Unpaid support accrues interest and remains owed until paid in full—even if your ex declares bankruptcy. Failure to pay can lead to liens on the non-paying parent's property, allowing you to compel asset sales to recover what's owed.
OAG Enforcement vs. Private Attorney—Which Path Gets You Paid Faster in North Texas?
Texas gives custodial parents two distinct enforcement paths—each with different timelines, costs, and power. Most parents don't know when to use which path, costing them months of missed payments while their ex continues dodging financial responsibility.
From Our Practice: Choosing the Right Enforcement Path in North Texas
What we see: In Dallas, Collin, Denton, and Tarrant County cases, parents usually call after two or three missed payments and a trail of "I'll catch up" messages. If the paying parent has a steady W-2 job, Texas Attorney General wage withholding can work well. If they are self-employed, changing jobs, or paid in cash, delays and excuses are common.
Our approach: We confirm the current order, pull official payment history, and build an arrears worksheet the court can trust. Then we match the tool to the facts: withholding when there is a real employer, and court enforcement with subpoenas when income is being hidden. We also stop two mistakes that hurt good cases: undocumented cash payments and withholding possession time.
Typical outcomes: Most matters end with a clear enforcement order, a workable payment plan, and withholding where possible. When nonpayment is willful, courts can add consequences that finally get attention.
Takeaway: Move early. If you want help choosing the right path in North Texas, call Warren & Migliaccio, L.L.P. at (888) 584-9614 for a free consultation.
| Comparison point | OAG route | Private attorney route |
|---|---|---|
| Best fit based on employment type | W-2 employment with verifiable income | Self-employed, hiding income, or working "under the table" |
| Speed / urgency | The process can take weeks (or longer) to get started, depending on the enforcement tool used and your ex's situation. | Court action can sometimes be requested quickly, but timing depends on service and the court's docket. |
| Arrears amount examples mentioned | Less than $5,000 in arrears | Exceed $10,000 in arrears |
| Cost / fees | Free enforcement services with no attorney fees | Not specified in the article |
| Out-of-state issues (UIFSA) | Not specified in the article | Used when the obligor lives out of state and UIFSA procedures are needed |
| When enforcement must be paired with custody changes | Not specified in the article | Used when you need to combine enforcement with custody modification |
| How to start (as stated) | File online (childsupport.oag.texas.gov) or call 1-800-252-8014 | Contact a North Texas family law attorney for an emergency motion |
| Where the filing happens | Not specified in the article | File in the court that issued your child support order (the court of continuing, exclusive jurisdiction), unless the case has been transferred. |
OAG vs. Private Attorney Decision Tree
Use the questions below to choose the enforcement path that fits your facts. This is built for parents with an existing Texas child support order and missed payments.
OAG Route
Free enforcement services, often a slower start
- Your ex has W-2 income with a known employer (verifiable paycheck income).
- You want to start with a no-fee option and can tolerate a longer timeline.
- Your primary goal is wage withholding and routine enforcement steps.
How to start: File online (ChildSupport.Texas.gov) or call 1-800-252-8014.
Private Attorney Route
Court enforcement tools, often faster court action
- Your ex is self-employed, paid in cash, changing jobs, or hiding income.
- You need court tools like subpoenas, a hearing request, or stronger enforcement pressure.
- Your situation is complex (out-of-state issues, UIFSA needs, or tied to custody changes).
Where it is filed: Usually the court that issued your child support order (unless transferred).
Decision Points (Follow the Signs)
Is the paying parent W-2 with a known employer and verifiable income?
Income withholding works best when there is a real employer to serve.
OAG If yes The OAG route is often a strong first step when the employer is known and wages are traceable.Attorney If no If your ex is self-employed, paid in cash, or frequently changing jobs, private attorney court action is often a better fit.Do you need faster court pressure because delays are hurting your household?
Timing depends on service and the court docket, but private counsel can request court action directly.
OAG If you can wait If cost is a top concern and your case is straightforward, starting with the OAG can make sense even if it takes longer.Attorney If you need speed If you need a hearing request, a tighter court schedule, or stronger leverage, talk with a private attorney about filing.Is this case complicated by out-of-state issues (UIFSA) or tied to custody modification?
Multi-state enforcement and custody-linked strategy often require more tailored court handling.
OAG If no If there are no out-of-state issues and you are only enforcing support, the OAG route may be sufficient.Attorney If yes If UIFSA procedures are needed, or if enforcement must be paired with custody changes, private attorney representation is often the better fit.Is the arrears balance relatively modest or clearly significant?
This guide referenced examples under $5,000 vs over $10,000. These are not legal thresholds, just practical decision signals.
OAG If modest If arrears are smaller and income is traceable, OAG enforcement may get you back on track without attorney fees.Attorney If significant If arrears are high or growing fast, it often makes sense to talk with an attorney about direct court enforcement.Have you tried administrative enforcement and it is not moving?
This article notes that when administrative enforcement fails, a Motion for Enforcement often produces faster results, especially when income is being hidden.
OAG If you have not started If you have not opened an OAG case yet and your facts are straightforward, you can start there first.Attorney If it is stalled If the case is stalled, or your ex is deliberately evading, private attorney court enforcement is often the next move.Important: Timing varies by court, service, and the enforcement tool used. This decision tree is general information and is not legal advice for your specific case.
Want help choosing the right path in Dallas, Collin, Denton, or Tarrant County? Call Warren & Migliaccio, L.L.P. at (888) 584-9614 for a free consultation.
North Texas County-Specific Filing Locations:
If you choose private attorney enforcement, you'll usually file in the court that issued your child support order (the court of continuing, exclusive jurisdiction), unless the case has been transferred. Warren & Migliaccio, L.L.P. serves Dallas, Collin, Denton, and Tarrant counties. We file enforcement motions at:
- Dallas County: George Allen, Sr. Courts Building, 600 Commerce St., Dallas, TX 75202
- Collin County: Collin County Family Law Center, 2100 Bloomdale Rd., McKinney, TX 75071
- Denton County: Courts Facility, 1450 E. McKinney St., Denton, TX 76209
- Tarrant County: Tim Curry Criminal Justice Center, 401 W. Belknap St., Fort Worth, TX 76196
The Texas Office of the Attorney General can assist in enforcing child support orders without fees. However, if administrative enforcement fails through the OAG, a Motion for Enforcement filed by a private attorney often produces faster results—especially when the obligor deliberately hides income.
The Texas Enforcement Arsenal
Let's examine what each of these consequences means for your case:
| Enforcement tool | What it does | Key numbers mentioned | Timing mentioned |
|---|---|---|---|
| Wage garnishment (Income Withholding Order) | Requires an employer to automatically deduct child support from the obligor's paycheck before they receive it. | Up to 50% to 65% of disposable earnings (depending on the situation); employers must begin withholding no later than the first pay period after they receive the order. | Timing varies. After the withholding order is sent, an employer may take a few weeks to process it, and the first withheld payment depends on the payroll cycle. |
| License suspension | Can suspend a driver's license and other licenses, including professional and recreational licenses. | License suspension can start once support is overdue by 3 months and the parent does not follow a repayment plan; passport consequences may apply at $2,500+ arrears. | The OAG gives notice and a chance to set up payments before suspension moves forward. |
| Contempt of court | A court can hold the obligor in civil or criminal contempt for willfully violating a support order. | Up to 6 months jail time per violation; examples include jail orders tied to $10,000+ arrears. | Described as moving quickly, often within 3–4 weeks of filing. |
| Criminal nonsupport charges | A state jail felony charge for intentionally failing to support a child under 18, filed by prosecutors. | 6 months to 2 years imprisonment; fines up to $10,000; prosecutors decide whether to file based on the facts. | There is no set dollar amount or time period that automatically triggers a criminal case; prosecutors decide whether to file. |
Wage Garnishment—The Fastest Way to Collect
Income Withholding Orders under Texas Family Code § 158.001 provide the most reliable enforcement tool. The court orders your ex's employer to deduct child support from their paycheck automatically—before your ex ever receives the money. Timing varies. After the withholding order is sent, an employer may take a few weeks to process it, and the first withheld payment depends on the payroll cycle.
Federal law usually limits child support withholding to 50% to 65% of disposable earnings, depending on whether the parent supports another family and how far behind they are. If your ex changes jobs, the IWO follows them—the OAG or your attorney files the order with the new employer within days of discovering the employment change. Employers must begin withholding no later than the first pay period after they receive the order.
The Texas Attorney General's Child Support Division can enforce orders through income withholding as one of several enforcement mechanisms available to custodial parents.
License Suspension—Taking Away Privileges
Texas Family Code grants courts authority to suspend multiple types of licenses when child support goes unpaid. The most common suspensions include driver's licenses, but the reach extends much further—professional licenses for contractors, real estate agents, and attorneys; hunting and fishing licenses; and even concealed carry permits.
License suspension can start once support is overdue by 3 months and the parent does not follow a repayment plan. The OAG gives notice and a chance to set up payments before suspension moves forward. License suspension creates immediate practical consequences that often motivate payment faster than other remedies.
Non-payment of child support can result in suspension of the driver's license or passport. Excessive arrears over $2,500 may result in denial of passport applications or renewals.
Contempt of Court—When Jail Time Becomes Real
Texas courts distinguish between civil and criminal contempt, and the difference matters. Civil contempt serves as a coercive tool—the "pay or stay" approach where your ex can purge the contempt by paying what's owed. Criminal contempt is punitive, and it can lead to up to 6 months in county jail (and a fine) under Texas Government Code § 21.002.
The contempt hearing process starts when the court issues a show-cause order. Your ex must appear and explain why they shouldn't be held in contempt. The burden shifts to them to prove inability to pay through documented job loss or disability. If the court finds willful non-payment despite ability to pay, judges can order immediate jail time.
We've seen Dallas County judges order 30-day sentences for parents owing $10,000+ who refused reasonable payment plans. Contempt proceedings can move quickly, but timing depends on service and the court's docket.
If a parent stops paying child support, they can face penalties including contempt of court judgment resulting in up to 6 months jail. Contempt may lead to fines, community supervision, or incarceration.
Criminal Nonsupport Charges—The Felony Path
Texas Penal Code § 25.05 elevates severe non-payment to criminal prosecution. This state jail felony charge applies when a parent intentionally or knowingly fails to provide support, carrying 6 months to 2 years imprisonment plus fines up to $10,000.
There is no automatic dollar amount or "12-month" rule. Criminal nonsupport is about intentionally refusing to support a child when the parent has the ability to pay. Prosecutors decide whether to file charges, and they often focus on clear patterns of willful nonpayment or evasion.
This is criminal prosecution, not civil enforcement. The District Attorney's office files charges, not you as the custodial parent. Each county sets its own priorities, and prosecutors decide whether to file based on the facts.
Failure to pay child support can lead to criminal charges known as "criminal nonsupport," punishable by up to 2 years in prison. In Texas, criminal nonsupport is a state jail felony based on intentionally or knowingly failing to provide support. There is no automatic dollar amount that triggers a criminal case.
Your Step-by-Step Texas Child Support Enforcement Process
Step 1: Document Everything (Week 1)
Print certified payment history from the Texas Child Support Portal. Screenshot all text messages about missed payments. Create a spreadsheet showing: Date | Amount Owed | Amount Paid | Arrears Balance. Gather copies of your original court order. Documentation of missed payments and communication attempts is essential when pursuing enforcement.
Step 2: Attempt Contact (Week 1-2)
Send written notice to your ex via certified mail stating: "You are $X in arrears as of [date]. Texas Family Code requires payment by [date] or I will pursue enforcement." Keep copies of all communication. Do NOT agree to informal payment reductions—courts won't recognize them.
Step 3: Choose Your Enforcement Path (Week 2-3)
For the OAG route: File online at ChildSupport.Texas.gov or call 1-800-252-8014. For private attorney action: Contact a North Texas family law attorney for an emergency motion. Decision factors include your ex's employment type, the arrears amount, and your urgency level.
Step 4: File Enforcement Motion (Week 3-4 for private attorney; 4-6 weeks for OAG)
The court schedules a hearing. Your ex receives a show-cause order requiring them to appear and explain. Bring all documentation to the hearing—judges want to see proof, not just your testimony.
Step 5: Court Hearing & Enforcement Order
The judge reviews evidence from both sides. If contempt is proven, the court can order immediate jail time, establish a payment plan, or issue wage garnishment. The court enters an enforceable order with specific payment terms—this creates a legally binding obligation with teeth.
If your ex stops paying child support, document all missed payments and communication attempts. You should not agree to informal changes to child support payments—always insist on court-approved modifications through proper legal channels.
Common Mistakes Parents Make (That Cost Them Money and Time)
3 Mistakes That Hurt Good Cases
These errors can weaken your enforcement case or create new legal problems for you.
- 1
Withholding Visitation as "Payback"
Texas law treats visitation and support as separate issues under Texas Family Code § 154.011. Denying court-ordered visitation can result in YOU being held in contempt. Never use your child as leverage—it backfires legally and harms your case.
- 2
Accepting Cash Payments Without Documentation
"My ex handed me $500 cash" won't hold up in court. The OAG and judges only recognize documented payments: checks, money orders, or online payments through the official portal. Always insist on a traceable payment method.
- 3
Agreeing to "Temporary" Informal Reductions
Your ex says "I lost my job, just let me pay $200 instead of $800 for a few months." An informal agreement does not change the court order. Unless the order is changed, the unpaid difference can still build up as arrears. Courts generally cannot reduce past-due support based on a side agreement.
What Else Affects Your Child Support Enforcement Case?
Beyond the enforcement process itself, understanding how arrears accumulate over time and knowing the relevant Texas statutes can strengthen your position. The following sections cover interest on unpaid support, key laws that govern enforcement, and answers to common questions parents ask.
6% Interest on Arrears—The Hidden Cost Your Ex Doesn't Know About
Texas Family Code § 157.265 adds 6% simple interest to certain past-due child support once the past-due amount is more than one monthly payment. This interest provision increases the total debt your ex owes over time.
Interest is simple, not compounding. The exact interest depends on the due dates, what has been paid, and whether the court signs a money judgment for arrears.
| Situation | What Texas law generally does |
|---|---|
| Past-due balance is more than one monthly payment | 6% simple interest can apply to the amount above one monthly payment. |
| Arrears are confirmed and turned into a money judgment | Interest can continue on the judgment until it is paid. |
| Retroactive or lump-sum child support is ordered as a judgment | Interest can apply from the date the order is signed until it is paid. |
Parents usually cannot change interest just by a side agreement. In some cases, the OAG may offer a program that can credit or reduce interest for eligible cases. Interest continues accruing during payment plans and collection efforts. The OAG includes accumulated interest in all enforcement actions. Even if your ex eventually pays the principal amount owed, they still owe every penny of accumulated interest.
In Texas, late child support payments accrue interest, meaning the longer they go unpaid, the more the total amount owed increases. Unpaid support accrues interest and remains owed until paid in full. Retroactive child support payments build up interest at 6% simple interest per year from the date the court enters the order.
Texas Statutes You Should Know—The Laws Behind Enforcement
Texas Family Code § 157.001-157.375 (Enforcement of Child Support) governs all enforcement procedures, contempt actions, and remedies available to custodial parents. These statutes establish the court's authority to compel payment.
Texas Family Code Chapter 158 (Income Withholding) authorizes income withholding for child support. Employers must begin withholding no later than the first pay period after they receive the order.
Texas Penal Code § 25.05 (Criminal Nonsupport) defines intentional failure to support a child under 18 as a state jail felony carrying 6 months to 2 years imprisonment.
Texas Family Code § 157.265 (Interest on Child Support Arrearages) adds 6% simple interest to certain past-due child support once the past-due amount is more than one monthly payment.
Texas Family Code § 232.001-232.014 (License Suspension) allows suspension of driver's, professional, and recreational licenses for delinquent obligors.
Uniform Interstate Family Support Act (UIFSA) - Texas Family Code Chapter 159 enables enforcement across state lines when your ex relocates. The Texas legal system can enforce child support obligations even if the non-paying parent moves to another state.
Failure to pay can lead to liens being placed on the non-paying parent's property, allowing you to compel the sale of assets to recover owed support.
Frequently Asked Questions about Ex Not Paying Child Support in Texas
Enforcement & Consequences
What happens if a father stops paying child support in Texas?
The custodial parent can pursue enforcement through the Texas Attorney General's Office (free but slower) or hire a private attorney for faster court action. Texas courts can order:
- Wage garnishment (Income Withholding Orders)
- License suspension (driver's, professional, hunting/fishing licenses)
- Property liens and forced asset sales
- Tax refund and stimulus check interception
- Contempt charges resulting in fines or up to 6 months jail time
In severe cases, a prosecutor may file criminal nonsupport charges under Texas Penal Code § 25.05. This state jail felony carries 6 months to 2 years imprisonment plus fines up to $10,000. It is not automatic, and prosecutors decide whether to file based on the facts.
The enforcement method you choose depends on your ex's employment situation, the arrears amount, and how quickly you need action. Self-employed obligors who hide income usually require private attorney intervention because they can dodge the OAG's income verification process.
This becomes a criminal matter when the District Attorney files charges—you cannot directly file criminal nonsupport charges yourself.
How far behind in child support before you go to jail in Texas?
Texas has no specific dollar threshold that automatically triggers jail time for unpaid child support. Texas has no specific dollar amount or time period that automatically triggers contempt or jail. A parent can file to enforce after missed payments, and courts focus on willfulness and ability to pay.
Jail becomes increasingly likely when:
- Arrears exceed $10,000 and the obligor has refused reasonable payment plans
- The court finds willful non-payment despite proven ability to pay (documented income, assets, or employment)
- The obligor violated multiple court orders or failed to appear at enforcement hearings
- A prosecutor files criminal nonsupport charges (this is not automatic)
Civil contempt can lead to up to 6 months in county jail (and a fine) in most Texas courts. This is a "pay or stay" situation—the obligor can purge the contempt by paying the arrears or entering a court-approved payment plan. Criminal nonsupport charges (Texas Penal Code § 25.05) carry 6 months to 2 years imprisonment and cannot be purged by payment.
We've seen Dallas County and Collin County judges order 30-45 day jail sentences for parents owing $10,000-$15,000 who refused payment arrangements. The key factor isn't just the dollar amount—it's whether the court believes the non-payment is willful despite financial ability.
Learn more about filing a motion for contempt in Texas to understand the enforcement process.
What happens if my ex quits their job to avoid paying child support?
Texas courts can "impute" income to your ex based on their earning potential, work history, and education—even if they're voluntarily unemployed. Quitting a job to avoid child support is considered voluntary underemployment, and judges have tools to address this manipulation.
When your ex claims unemployment to dodge payments:
The court examines:
- Previous employment history and salary levels
- Educational background and professional licenses
- Current job market conditions in their field
- Physical ability to work and any legitimate disabilities
- Whether the job loss was truly involuntary
The court can impute income by:
- Using their previous salary as the basis for support calculations
- Assigning minimum wage earnings (40 hours/week) if no work history exists
- Calculating earning capacity based on their credentials and local market rates
- Rejecting modification requests if unemployment appears deliberate
The burden shifts to your ex to prove they're making good-faith efforts to find employment at their skill level. Submitting a few token job applications won't cut it—judges expect documented, sustained job search efforts. If your ex is working "under the table" or receiving unreported cash income, this becomes a case for private attorney enforcement with subpoena power to uncover hidden income sources.
Filing for modification doesn't stop enforcement of existing arrears. The 6% annual interest continues accruing on unpaid amounts regardless of your ex's employment status.
Voluntary underemployment is a red flag that typically requires aggressive private attorney action rather than OAG enforcement.
Process & Timelines
How long does child support enforcement take through the Attorney General's Office?
There is no guaranteed timeline. OAG enforcement can take weeks to months depending on the enforcement tool used, employment information, and whether the case is contested. However, the actual timeline varies significantly based on the enforcement tool being used and your ex's cooperation level.
Timeline breakdown by enforcement method:
Income Withholding Order (IWO): timing varies
- The OAG reviews your case and confirms employer information when possible.
- The OAG sends an income withholding order to the employer (if the employer is known).
- The employer processes the order and begins withholding based on its payroll schedule.
- The first withheld payment depends on the employer's payroll cycle and processing time.
License Suspension: timing varies
- There is a required notice period and a chance to get on a repayment plan before a suspension moves forward.
- After a suspension is requested or ordered, processing time depends on the licensing agency.
Tax Refund Interception: Seasonal (depends on tax filing)
- Automatic interception if case is registered with OAG
- After the Treasury intercepts the refund, the state child support program usually receives the offset within about two to three weeks, but disbursement can be delayed for joint returns (sometimes up to six months).
Contempt proceedings: Timing varies. If the OAG files, the schedule depends on the court's docket. A private attorney may be able to request an earlier setting, but there is no guaranteed timeline.
These timelines assume your ex is employed with verifiable W-2 income and doesn't actively fight the enforcement. Self-employed obligors, out-of-state cases requiring UIFSA procedures, or contested enforcement actions often take longer through the OAG process.
If your ex owes significant arrears or is self-employed, you may want to talk with a private attorney about whether court enforcement is the better fit for your facts.
Can child support take my ex's stimulus check or tax refund?
Yes. The Texas Attorney General's Child Support Division can intercept federal and state tax refunds for parents owing child support arrears. This happens automatically once you register your case with the OAG—you don't need to file a separate request for each tax season.
The Tax Refund Offset Program works through the federal Office of Child Support Enforcement. When your ex files their tax return:
The interception process:
- IRS identifies the refund owed to a parent with child support arrears
- Treasury Department notifies your ex 60 days before intercepting the refund
- Intercepted funds are sent to the Texas Attorney General's Office
- OAG applies the funds to arrears first, then accrued interest
- You receive payment approximately 8-12 weeks after the IRS processes the refund
Your ex receives notice of the interception but cannot stop it if arrears exist. They can contest the amount if they believe it's incorrect, but they cannot prevent the offset simply because they need the money for other expenses.
Stimulus payments (like those issued during COVID-19) follow the same interception rules if distributed as tax credits through the IRS. However, direct stimulus payments that aren't processed through tax returns may not be subject to automatic interception—enforcement depends on how the federal government structures the payment program.
Joint tax refunds where your ex filed with a new spouse can be partially protected. The new spouse can file an "injured spouse claim" (IRS Form 8379) to recover their portion of the refund, but your ex's portion is still subject to interception for child support arrears.
The intercepted amount counts toward arrears reduction but doesn't replace your ex's ongoing monthly payment obligation.
Child Support Rules & Guidelines
What is the new child support law in Texas in 2025?
The guideline percentages are the same, but the cap on monthly net resources used for guideline child support is $11,700 for orders set on or after September 1, 2025. Under Texas Family Code § 154.125, the non-custodial parent pays a percentage of their net monthly income based on the number of children:
- 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
The cap used for guideline calculations is $11,700 per month in net resources for orders set on or after September 1, 2025. For parents earning above this cap, courts have discretion to order additional support based on the child's proven needs.
Recent procedural changes affect enforcement more than calculation. The Texas Attorney General's Office has expanded its enforcement tools to include credit reporting of delinquent obligors and enhanced interstate cooperation under UIFSA. License suspension can start once support is overdue by 3 months and the parent does not follow a repayment plan.
You can ask for a modification if (1) there has been a material and substantial change in circumstances, or (2) the order is at least three years old and the guideline amount would change by 20% or $100 (whichever is greater). The other parent must be served and will have a deadline to respond.
Until a court approves a modification, the obligated parent must continue paying the full amount ordered—informal agreements won't hold up in court. Learn more about how child support is calculated in Texas to verify your current amount.
What expenses does child support cover in Texas?
Child support payments are intended to cover essential expenses like food, housing, and education for the child. Under Texas law, the custodial parent has broad discretion in how child support is spent—there's no requirement to provide receipts or accounting to the non-custodial parent.
Typical expenses child support covers:
- Basic necessities: Food, clothing, shelter (rent/mortgage portion for child's housing)
- Education costs: School supplies, fees, extracurricular activities, tutoring
- Healthcare: Insurance premiums, co-pays, prescription medications, dental and vision care
- Childcare: Daycare, before/after school programs, summer camps
- Transportation: Vehicle costs to transport child to school, activities, medical appointments
What child support does NOT automatically cover:
- Private school tuition (unless specified in the court order)
- College expenses (support typically ends at age 18 or high school graduation)
- Extraordinary medical expenses beyond routine care (may require separate court order)
- Extravagant expenses not reasonably related to the child's well-being
The Texas Family Code does not specify how the receiving parent must spend child support payments. The underlying principle is that both parents share financial responsibility for raising their child—the support amount is calculated to ensure the child maintains a reasonable standard of living comparable to what they would have if the parents lived together.
If the non-custodial parent believes support is being misused to the child's detriment (not providing adequate food, shelter, or care), the remedy is filing for custody modification based on the child's best interests—not withholding support payments.
Child support and visitation are separate legal issues—you cannot withhold payments even if you disagree with how the money is spent.
Conclusion: Make Your Child Support Case Court-Ready
If payments have stopped, what you do next matters. Judges want proof, not guesses. A clean, organized file puts you in the strongest position for enforcement.
Your “Proof Packet” Checklist
- Your existing Texas child support order.
- Certified payment history from the Texas Child Support Portal.
- Screenshots of texts or messages about missed payments.
- A simple spreadsheet: Date | Amount Owed | Amount Paid | Arrears Balance.
- A copy of your written notice (and proof you sent it, such as certified mail).
Three Mistakes That Hurt Good Cases
- Withholding visitation as payback. Support and possession are separate issues.
- Accepting cash payments without documentation.
- Agreeing to “temporary” informal reductions without a court-approved change.
If you want help organizing your proof and choosing the next step for enforcement in Dallas, Collin, Denton, or Tarrant County, call (888) 584-9614 for a free consultation with Warren & Migliaccio.
Call (888) 584-9614This is general information, not legal advice. Every case turns on the order, the payment history, and the paying parent’s real income and ability to pay.
Legal Authorities (Endnotes)
Texas Statutes:
- Texas Family Code § 154.001 et seq. - Child Support Guidelines
- Texas Family Code § 157.001-157.375 - Enforcement Procedures
- Texas Family Code § 158.001 et seq. - Income Withholding
- Texas Family Code § 157.265 - Interest on Arrearages
- Texas Family Code § 232.001-232.014 - License Suspension
- Texas Penal Code § 25.05 - Criminal Nonsupport
- Texas Family Code Chapter 159 - Uniform Interstate Family Support Act (UIFSA)
- Texas Family Code § 154.011 - Support Not Conditioned on Possession or Access
Government Resources:
- Texas Attorney General Child Support Division:
- Texas Child Support Portal (payment verification and certified payment history)
- Texas Office of the Attorney General Enforcement Tools
Disclaimer: This article provides general information about Texas child support enforcement and should not be construed as legal advice. Every child support case involves unique circumstances that require individual legal analysis. No attorney-client relationship is created by reading this article. For specific legal guidance regarding your child support enforcement matter, consult with a qualified Texas family law attorney.
