Consequences of not paying child support in Texas are serious, and yes, Texas can take enforcement action through wage withholding, liens, license suspension, and passport denial. But the exact risk depends on how far behind you are and whether a court believes you can pay and chose not to.
At Warren & Migliaccio, L.L.P., we have helped North Texas families with child support issues since 2006, serving Dallas, Collin, Denton, and Tarrant counties. This guide explains what Texas can do, when jail is on the table, key thresholds like passport denial, and what to do if you truly cannot pay.
What You Will Learn in This Article
- The most common Texas child support enforcement tools
- When contempt and jail time become realistic risks
- Key dollar thresholds (like the passport rule)
- Steps that can reduce the damage when income drops
Who is this guide for, and who needs a different legal plan?
This guide is for parents who are behind or worried they will fall behind on Texas child support payments. If you have a notice or a hearing date, treat it like an emergency.
| Comparison point | Best for | Not for (you likely need a different resource) |
|---|---|---|
| Audience fit |
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| Urgency signal | This guide is for parents who are behind or worried they will fall behind on Texas child support payments. If you have a notice or a hearing date, treat it like an emergency. | |
What do these child support terms mean in Texas? (Key Definitions)
These terms explain how Texas child support enforcement works and what your notices mean. If you understand these words, you can make better decisions fast.
Child support is a court order, not a casual agreement between parents. In many cases, the Texas Office of the Attorney General (OAG) is involved in collecting and enforcing support, but a court can also enforce orders. Missing payments can trigger both administrative tools (like license actions) and court action (like contempt).
| Term | Plain-English meaning in Texas | Why it matters |
|---|---|---|
| Obligor | Parent ordered to pay support | This is the person facing enforcement |
| Obligee | Parent receiving support | May request or benefit from enforcement |
| Arrears | Past-due unpaid support | Builds as soon as payments are missed |
| Income Withholding Order (IWO) | Support taken from your paycheck | One of the most common outcomes |
| Contempt | Court finding you disobeyed an order | Can lead to fines and jail time¹ |
| Criminal nonsupport | Criminal charge for nonpayment | Separate from contempt; higher stakes⁷ |
| License suspension | Driver/professional/recreational license action | Can affect work and daily life² |
| Child support lien | Legal claim against property/assets | Can block sales and lead to seizure |
| Modification | Changing the support amount by court order | Not automatic even after job loss |
What happens if you do not pay child support in Texas?
If you do not pay child support in Texas, the state and the court can use several tools to collect money and push compliance. The fastest way to lower risk is to act before the court thinks you are ignoring the order.
How fast can unpaid child support grow into arrears and interest?
Arrears can start with the first missed payment, and interest can make the balance grow over time. A “small” arrears balance can become a long-term debt if it sits too long.
Texas law provides for interest on certain child support arrearages, commonly discussed as 6% simple interest per year under the Texas Family Code.⁹ Even when income drops, the order does not change by itself, and unpaid child support can keep adding up until a court signs a new order.
What are the key dollar thresholds and triggers that change the risk?
Some enforcement tools kick in when you cross certain dollar amounts or when you fall behind and do not follow a repayment plan. Thresholds matter because they change what the system is allowed to do next.
| Enforcement tool | Common trigger (as stated in the article) | Source noted in the article |
|---|---|---|
| Passport denial | Past-due support certified at more than $2,500 (federal program) | U.S. State Department guidance⁴ |
| License suspension | Delinquent in an amount equal to three months of payments and not complying with a repayment schedule (general rule described by OAG) | Texas OAG license suspension page² |
| Evader program listing | Multiple criteria that commonly include more than $5,000 past due and an active warrant | Texas OAG evaders criteria³ |
| Interest on arrears | Commonly described as 6% per year (verify how it applies to your case) | Tex. Fam. Code (interest statute)⁹ |
When can Texas put you on the Child Support Evaders list?
Texas can put a parent on the Child Support Evaders list only when several conditions are met, so it is not automatic. Evader listing is a warning sign that the case has reached a high-risk stage.
The OAG’s “Child Support Evaders” program can publish identifying information when an obligor meets the program’s criteria. Based on the OAG’s published criteria, the list is generally tied to factors like:³
- Past-due support of more than $5,000
- An active arrest warrant
- Allegations the parent is deliberately avoiding arrest
- No payments in the last six months
- Other listed conditions (for example, the OAG notes a signed confidentiality waiver and a photo may be required)
What this means in real life: a parent does not usually land on the Evaders list from one missed payment. It tends to happen when the case has escalated and a warrant is in play.
Practical steps that often reduce risk (without making promises):
- Start making consistent payments if you can, even if you cannot pay the full amount.
- Do not ignore court notices or OAG communications.
- If a warrant is involved, speak with a lawyer right away about a safe plan to address it.
Timeline of Enforcement Escalation
- 1
Missed Payment & Arrears
The moment a payment is missed, arrears begin to accrue. Interest typically begins to accumulate on the unpaid balance immediately.
- 2
Administrative Actions
You may receive delinquency notices. State agencies can trigger income withholding orders (wage garnishment) without a court hearing.
- 3
License Suspension Warning
If arrears equal 3+ months of support, you enter the “Compliance Window.” You will receive a warning that your Driver’s, Professional, or Recreational licenses are at risk of suspension.
- 4
Motion to Enforce Filed
The OAG or the custodial parent files a lawsuit. A hearing date is set. You must appear in court; failure to appear can result in a default judgment or a warrant (capias).
- 5
Court Findings & Consequences
The judge makes a finding on arrears. Enforcement then splits into two potential paths based on the severity and intent:
Path A: Civil ContemptGoal: Coercion to pay.
Penalty: Fines, attorney fees, and possible jail time (up to 6 months) until a “purge” amount is paid.Path B: Criminal NonsupportGoal: Punishment.
Penalty: Used for intentional non-payment. State felony charges with potential prison time (rare but possible).
Can Texas take money directly from your paycheck through wage withholding?
Yes, an Income Withholding Order (IWO) can require your employer to take child support from your paycheck. Wage withholding is often the most common way support is collected.
The OAG explains that wage withholding is used for a large share of child support payments, and the withholding can include current support plus an extra amount toward arrears.⁵ The practical impact is that your employer becomes part of the process, and the deduction is usually automatic once the order is in place.
A simple warning that saves people pain: do not ignore employer paperwork about withholding. It does not “go away,” and ignoring it can create bigger arrears.
Related: Not sure what your support obligation should be? Learn how Texas calculates child support based on income and number of children.
Can Texas suspend your driver’s license or professional license for unpaid support?
Yes, Texas can suspend or refuse to renew certain licenses when you are delinquent and not following a repayment schedule. License suspension can hit your job first, not just your driving.
The OAG describes license consequences as an enforcement tool and explains standards tied to delinquency and noncompliance with repayment options.² These actions can apply to different license types, including:
- Driver’s licenses
- Professional or occupational licenses (depending on the licensing agency)
- Recreational licenses (like hunting and fishing)
If you receive a license suspension warning, it is usually a sign the system thinks you are not complying with payment expectations.
Can Texas intercept tax refunds and lottery winnings for unpaid child support?
Yes, past-due child support can be collected through federal tax refund offsets and other payment intercept programs. If you are counting on a refund to “catch up later,” that plan can fail.
Federal programs allow past-due child support to be collected through the Treasury Offset Program, including federal tax refunds in many cases.¹¹
Lottery winnings are handled through state prize payment rules and can involve debt checks depending on the prize and process. If you owe child support, do not assume a prize will be paid out without a review for outstanding debts.
Can the state put a lien on your house, bank account, or retirement plan?
Yes, Texas can use liens and related tools to reach certain property and financial assets when support is unpaid. A lien can turn a future sale or refinance into a debt collection event.
A child support lien is a legal claim that can attach to property. In practice, this can affect homes, vehicles, and financial accounts. Liens can also cause problems when you try to sell property because the lien may have to be addressed before a clean transfer happens.
Can you go to jail for not paying child support in Texas?
Yes, jail is possible in Texas child support cases, but it usually comes from a court enforcement process, not from a surprise arrest over one missed payment. Jail risk rises when the court believes you can pay and chose not to.
| Comparison point | Civil enforcement (contempt) | Criminal nonsupport |
|---|---|---|
| How the article describes it | A court can hold a person in contempt for violating a support order, and contempt penalties can include confinement in county jail.¹² | Texas has a criminal nonsupport statute, and it can be charged as a state jail felony in many situations.⁷ |
| How it happens (as stated) | Contempt jail time usually comes from an enforcement case where a judge finds the parent violated a court order.¹² | It is typically tied to facts a prosecutor can prove, including intentional or knowing failure to provide support.⁷ |
| Where confinement is mentioned | County jail.¹² | State jail facility.⁸ |
| Jail time range stated in the article | Texas law commonly limits criminal contempt punishment to up to six months in jail and a fine.¹² | 180 days to two years in a state jail facility.⁸ |
| What the article says matters most | The focus can become whether the parent had the ability to pay and chose not to, and documentation can matter (job search logs, medical records, proof of income loss).¹² | The article links the risk to intentional or knowing failure to provide support and what a prosecutor can prove.⁷ |
| Statute/authority named in the article | Texas law commonly limits criminal contempt punishment (cited as ¹²). | Texas Penal Code § 25.05.⁷ |
Civil enforcement (contempt): A court can hold a person in contempt for violating a support order, and contempt penalties can include confinement in county jail. Texas law commonly limits criminal contempt punishment to up to six months in jail and a fine.¹²
What matters in court is evidence. If you truly cannot pay, documentation of job loss, medical hardship, and job searches can matter.
Criminal nonsupport: Separate from contempt, Texas also has a criminal nonsupport statute. Under Texas Penal Code § 25.05, intentional or knowing failure to support a child can be charged as a state jail felony in many situations.⁷ The punishment range for a state jail felony is generally 180 days to two years in a state jail facility.⁸
A realistic process summary: an enforcement case is filed, you receive notice, a hearing is held, and the judge weighs the facts, including ability to pay and willfulness.
Does unpaid child support affect visitation or custody in Texas?
Unpaid child support does not automatically take away visitation rights, and visitation problems do not erase child support duties. Texas treats support and visitation as separate court issues.
The OAG explains that it does not handle custody or visitation disputes and does not enforce visitation orders.¹ If one parent blocks visitation, the fix is usually a court action about possession, not self-help. If one parent refuses to pay because of visitation, that can trigger enforcement.
Does child support debt go away when the child turns 18?
No, child support arrears usually do not vanish when a child turns 18, and the debt can still be collected. Turning 18 is not a reset button for unpaid child support.
Texas law does place time limits on certain enforcement routes, especially contempt-based actions, even though the debt itself can remain.¹⁰
| Enforcement path | Common Texas time limit concept | Source for writer |
|---|---|---|
| Contempt-based enforcement | Often requires filing within 2 years after the child becomes an adult or the obligation ends | Tex. Fam. Code § 157.005¹⁰ |
| Money judgment for arrears | Often requires filing within 10 years after the child becomes an adult or the obligation ends | Tex. Fam. Code § 157.005¹⁰ |
A practical takeaway: even if one enforcement path becomes time-barred, it is risky to assume the debt is “gone.” Getting legal advice early is usually cheaper than trying to fix a years-old arrears problem.
Once you know the consequences, what should you do if you cannot pay? (Strategic Process / How-To)
Up to this point, we have covered the main enforcement tools Texas can use when child support is unpaid, along with the triggers that can raise the risk. If your income dropped and you cannot pay the full amount right now, your best move is to act early and create a record that shows what changed. The steps below focus on practical actions that can reduce damage while you work toward a longer-term fix, including a possible modification.
If you cannot pay child support in Texas, act quickly, keep records, and use the court process instead of waiting for enforcement to get worse. Do not wait for a warrant to act.
Steps that often help (without making promises):
- Do not stop paying without a plan. Pay what you can, if you can.
- Keep proof: job loss, reduced hours, medical issues, disability, job search logs.
- Do not rely on verbal deals. Court orders control until a judge changes them.
- Request modification if income changed. It is not automatic, and you usually need a new order before the payment amount changes.
- Go to every hearing. Skipping court can escalate risk.
- Ask about repayment schedules through the proper channels when available.
We help parents in these situations across Dallas, Collin, Denton, and Tarrant counties, and the earlier you act, the more options usually exist.
Mini checklist to gather now:
- Recent pay stubs or proof of income
- Termination letter or reduced-hours notice
- Unemployment proof (if applicable)
- Medical records (if applicable)
- A basic monthly budget
Case Study: What can happen when you fall behind, and what changed the outcome?
A few missed payments can lead to enforcement warnings, but fast action can change the path. Time is the metric that decides whether a case stays manageable.
Case Study: Acting early after job loss
We often meet parents in Dallas, Collin, Denton, and Tarrant counties who fall behind after a layoff or reduced hours and worry about jail or license problems. Attorney Gary Warren has seen this pattern for over 30 years.
What we see: Many parents assume job loss changes a court order. It does not. When payments stop and notices are ignored, the situation can feel worse fast, even before a court hearing is scheduled.
Our approach: We help the parent get organized quickly. If possible, we restart payments, gather proof of the income change and job search or medical issues, and file for a modification when the change looks long-term. If a hearing is set, we prepare documentation around ability-to-pay questions.
Typical outcome: When a parent acts early and keeps records, the case often shifts toward a workable plan instead of a crisis response.
Takeaway: The fastest way to lower risk is to respond early and keep proof of what changed.
Hypothetical (North Texas): After falling behind by $3,200 over four months, a Denton County parent received an enforcement warning and feared a contempt hearing. We helped restart consistent payments, gathered proof of an income drop, and filed for a modification. The result was a structured repayment approach and the parent avoided a scheduled contempt setting.
Texas Family Code and Texas Penal Code are the main laws that control unpaid child support consequences. These laws explain both the money tools and the jail risk.
Key authorities to know:
- Tex. Penal Code § 25.05: criminal nonsupport and when nonpayment becomes a criminal case⁷
- Tex. Penal Code § 12.35: the general punishment range for a state jail felony⁸
- Tex. Fam. Code Chapter 232: the framework for license suspension tied to child support delinquency²
- Tex. Fam. Code § 157.265: interest rules for certain child support arrearages⁹
- Tex. Fam. Code § 157.005: time limits on certain enforcement actions⁰
- Federal passport denial guidance: explains the $2,500-plus certification rule for passports⁴
What mistakes make child support problems worse? (Common Mistakes and Bad Internet Advice)
Most child support problems get worse because of avoidable mistakes, not because of one bad month. Bad internet advice can cost you your license or your freedom.
Here are the five myths that cause the most trouble in Texas child support cases.
Myth vs. Reality (Texas Child Support)
These are the mistakes that most often make enforcement worse.
“If I lose my job, payments stop.”
Only a new court order changes the amount.
“If they block visitation, I do not have to pay.”
Support and visitation are separate court issues.1
“Cash payments are fine.”
Untracked payments can be treated as unpaid.
“Ignoring notices buys time.”
It can lead to hearings, warrants, and license actions.
“It goes away at 18.”
Arrears often remain, and deadlines can still matter.10
Frequently Asked Questions about consequences of not paying child support in Texas
Enforcement actions and financial consequences
What happens if you don’t pay child support in Texas?
Consequences of not paying child support in Texas can include:
- Arrears (past-due support) plus 6% interest
- Income Withholding Order (IWO) from your paycheck
- Tax refund and sometimes lottery winnings intercepts
- License suspension and liens on property or accounts
- A court enforcement case with possible jail time in contempt¹²
The most important thing to know is that missed child support payments do not just “sit there.” Unpaid child support becomes a growing debt because arrears can trigger interest and enforcement tools.⁹ Texas child support enforcement often starts with money-based actions like wage withholding, offsets, or liens.¹¹ Texas can also use license consequences when a parent is delinquent and not following a repayment schedule.²
If the case moves into court, the focus often becomes whether the parent had the ability to pay and chose not to. That is where contempt and jail become possible.¹² We also see parents get in deeper trouble when they ignore notices, skip hearings, or assume job loss changes the order automatically.
If you are behind, start by collecting proof of income changes and making a realistic plan. The sooner a parent responds to notices, the more options usually exist.
Will Texas suspend my driver’s license or professional license if I’m behind on child support?
Consequences of not paying child support in Texas can include license suspension, such as:
- Driver’s license
- Professional or occupational licenses
- Recreational licenses (like hunting or fishing)²
Yes, license consequences are real in Texas child support enforcement. The OAG describes license suspension as an enforcement tool when a parent is delinquent and not complying with a repayment schedule.² In many cases, the issue is not one missed payment. It is a pattern of delinquency plus noncompliance.
A suspended license can make it harder to earn the money you need to pay support. That is why a fast response matters. We often see the best outcomes when a parent addresses the notice quickly, starts consistent payments (even if partial), and works toward a structured plan instead of going silent.
If you receive a license warning, treat it like a deadline. Waiting can turn a work problem into a bigger court problem.
Does Texas report unpaid child support to credit bureaus and hurt credit rating?
Yes. Consequences of not paying child support in Texas can include credit bureau reporting, which can lower your credit rating and make borrowing more difficult.
Texas child support enforcement can involve reporting delinquent child support to credit bureaus.
Credit damage can outlast the court case. A lower credit rating can affect everyday life, including qualifying for a car loan, renting an apartment, refinancing a home, or even passing certain job screens. This is one reason “waiting it out” is usually a bad plan.
If a parent believes the information is inaccurate, the best first step is usually to gather records, confirm the payment history, and review credit reports for errors. Consistent payments, payment plans, and court-approved modifications can help long-term, but there is rarely a fast fix.
If you are behind, check your credit report sooner rather than later. Keep proof of every payment, especially if you pay outside a standard wage withholding setup.
Court action and jail risk
Can you go to jail for not paying child support in Texas?
Yes. One of the consequences of not paying child support in Texas can be jail time through a court contempt order, and in serious cases criminal nonsupport charges.¹² ⁷
Texas has two different “jail paths,” and mixing them up causes panic. Contempt jail time usually comes from an enforcement case where a judge finds the parent violated a court order. Texas law commonly limits criminal contempt punishment to up to six months in jail and a fine.¹²
Separately, Texas Penal Code § 25.05 covers criminal nonsupport.⁷ In many situations, it can be charged as a state jail felony, and the general punishment range for a state jail felony is 180 days to two years.⁸ This is not “every case.” It is typically tied to facts a prosecutor can prove, including intentional or knowing failure to provide support.
When we see a case heading toward contempt, the best defenses often involve proof. Documentation matters: job search logs, medical records, and proof of income loss can support an argument that the parent could not pay.
If you receive a motion to enforce, do not skip court. Bring documents, show your effort, and talk with a lawyer if jail is being requested.
Support amount, job loss, and family changes
What is the maximum child support payment in Texas?
Texas sets guideline child support using a monthly net resources cap (currently $11,700). The consequences of not paying child support in Texas grow when the ordered amount is higher.⁶
“Maximum child support” usually refers to Texas guideline child support, which is based on a percentage of the obligor’s net resources up to a cap. The Texas OAG lists the current monthly net resources cap as $11,700 (effective September 1, 2025).⁶ That cap matters because the guideline percentage is applied to net resources up to that amount.
Two important points get missed online. First, the number depends on factors like the number of children and the parent’s income. Second, cases can include additional support items, like health insurance and uninsured medical expenses, that do not always feel like “child support” but still affect the monthly burden.
The cap does not mean support stops rising in every case. Courts can consider facts outside a simple worksheet in certain situations, especially when a child’s needs require it.
If you are facing enforcement, focus on the order you already have. If the order is wrong for your current income, a modification request may be the safer step than falling behind.
If I lose my job, can the Attorney General work with me on a payment plan and will that stop enforcement?
If job loss is behind the consequences of not paying child support in Texas, take these steps:
- Pay what you can (do not disappear).
- Gather proof of the income change and job search or medical issues.
- Contact the OAG and ask about repayment options or a payment plan.
- Request a modification through the court if your income changed long-term.
- Show up to every hearing and bring your documentation.
Job loss does not change a child support order automatically. The order stays enforceable until a judge signs a new order. That is why arrears can build fast after a layoff.
We also see parents help themselves by keeping proof of effort. Documentation can matter at contempt hearings, including job search records, medical records, and proof of reduced hours.
If the income drop is not temporary, treat modification as a priority. If enforcement has already started, legal help is often wise because deadlines and hearing risks move fast.
Can my ex deny visitation if I owe child support in Texas?
No. Consequences of not paying child support in Texas do not include automatic loss of visitation, because Texas treats child support and visitation as separate court issues.¹
This is one of the most damaging myths we hear. Do not trade child support for visitation. Even if a custodial parent is angry about unpaid support, visitation rights usually come from a separate part of the court order, and Texas does not treat nonpayment as an automatic reason to cut off parenting time.
The Texas OAG also explains that it does not handle custody or visitation disputes and does not enforce visitation orders.¹ That matters because parents sometimes assume the OAG will “fix” denial of visitation, but the usual path is a court action about possession or enforcement of the visitation order.
If visitation is being blocked, address it through the court process. Stopping child support payments in response can trigger enforcement and make the situation worse.
Does child support debt go away when my child turns 18 in Texas?
No. Consequences of not paying child support in Texas can follow you after your child turns 18 because arrears usually remain owed, even though some enforcement tools have deadlines.¹⁰
Arrears are past-due support, and they generally do not vanish when the child becomes an adult. Interest can still matter too, which is why parents sometimes feel like they are running uphill.⁹
Texas also has specific time-limit rules for certain enforcement paths. Under Texas Family Code § 157.005, contempt-based enforcement is often tied to a two-year filing window after the child becomes an adult or the obligation ends, and a money judgment route is often tied to a longer window.¹⁰ Those deadlines are technical, and the facts can change the analysis, but the takeaway is simple: waiting until the child turns 18 is not a strategy.
Waiting until your child turns 18 can backfire because the case may be harder, the arrears may be higher, and options may be fewer.
If your child is close to 18 and arrears exist, talk to a lawyer about the safest path forward. A plan made early is usually less expensive than a crisis response later.
Get Help Before Child Support Enforcement Gets Worse
If you are behind on child support or facing enforcement, you do not have to guess about what happens next. Our attorneys at Warren & Migliaccio help parents in Dallas, Collin, Denton, and Tarrant counties understand their options and take practical steps to reduce risk. Call (888) 584-9614 to talk with us and get clear answers based on your situation.
Legal Authorities (Endnotes)
- Texas OAG, “What We Can and Cannot Do” (enforcement vs. visitation): https://www.texasattorneygeneral.gov/child-support/child-support-enforcement/what-we-can-and-cannot-do
- Texas OAG, “License Suspension” (delinquency and repayment schedule standards): https://www.texasattorneygeneral.gov/child-support/child-support-enforcement/license-suspension
- Texas OAG, “Child Support Evaders” (program criteria): https://www.texasattorneygeneral.gov/child-support/child-support-enforcement/child-support-evaders
- U.S. Department of State, passport denial for child support arrears: https://travel.state.gov/content/travel/en/passports/legal-matters/child-support.html
- Texas OAG, “Wage Withholding” (withholding as common payment method): https://www.texasattorneygeneral.gov/child-support/paying-and-receiving-child-support/making-payments/wage-withholding
- Texas OAG, Child Support Calculator/guideline cap reference: https://www.texasattorneygeneral.gov/child-support/child-support-calculator
- Tex. Penal Code § 25.05 (Criminal Nonsupport) (Justia): https://law.justia.com/codes/texas/penal-code/title-5/chapter-25/section-25-05/
- Tex. Penal Code § 12.35 (State Jail Felony punishment) (Justia): https://law.justia.com/codes/texas/penal-code/title-3/chapter-12/section-12-35/
- Tex. Fam. Code § 157.265 (interest on arrearages) (Justia): https://law.justia.com/codes/texas/family-code/title-5/subtitle-b/chapter-157/subchapter-f/section-157-265/
- Tex. Fam. Code § 157.005 (time limits for enforcement actions) (Justia): https://law.justia.com/codes/texas/family-code/title-5/subtitle-b/chapter-157/subchapter-a/section-157-005/
- U.S. Treasury, Treasury Offset Program (child support offsets): https://fiscal.treasury.gov/top/child-support.html
- Tex. Gov’t Code § 21.002 (contempt punishment limits) (Justia): https://law.justia.com/codes/texas/government-code/title-2/subtitle-g/chapter-21/subchapter-a/section-21-002/
No Attorney-Client Relationship / Legal Disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every child support case is fact-specific. If you need advice about your situation, consult a qualified Texas attorney.
