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Child Support · 2024-07-09 · 9 min read · Anthony Robles

Consequences of Not Paying Child Support in Texas (2026 Guide)

TL;DR (Quick Summary)

Texas enforces child support aggressively: wage withholding, interception of tax refunds and lottery winnings, suspension of driver's, hunting, and professional licenses, passport denial, liens on bank accounts and property, credit bureau reporting, 6% annual interest on arrears, and contempt of court — up to 6 months in jail per violation. Arrears never expire and survive bankruptcy. If you can't pay, file a modification immediately; it's the only thing that stops the meter.

Every Enforcement Tool Texas Uses

  • Wage withholding straight from your employer — the default in every order
  • License suspension: driver's, hunting/fishing, and professional licenses (§232)
  • Intercepts: federal tax refunds, lottery winnings, some insurance settlements
  • Liens on bank accounts, vehicles, and real property; credit reporting
  • Passport denial at $2,500+ in arrears
  • Contempt: up to 6 months jail and $500 fine per missed payment proven (Ch. 157)
  • Judgment + 6% interest — arrears survive bankruptcy and the child turning 18

Behind on Payments? Do This Before Court

First, file a modification now if your income dropped — reductions only apply from the filing date, never retroactively (§156.401). Second, pay something every month, even partial; judges treat "paid what I could and documented it" very differently from zero. Third, never miss the hearing — courts issue capias arrest warrants for no-shows. Inability to pay (involuntary job loss, injury) is a real defense under §157.008, but it must be proven with detail.

We defend enforcement actions and negotiate payment plans in Ector and Midland counties — and we also prosecute them for parents who aren't being paid. Case Evaluation: (432) 366-6000.

Frequently Asked Questions

Can I go to jail for unpaid child support in Texas?

Yes — contempt carries up to 6 months per proven violation. But documented inability to pay is a defense, and most first-time cases resolve with payment plans if handled properly before the hearing.

Will unpaid child support ever go away?

No. Texas arrears never expire, accrue 6% interest, can be reduced to judgment decades later, and are not dischargeable in bankruptcy.

Can they take my driver's license for child support?

Yes. Texas suspends driver's, professional, and even hunting licenses for arrears (Chapter 232). Getting into a compliance payment plan is the fastest path to reinstatement.

My hours got cut in the oilfield — what do I do?

File a modification immediately and document the change. Every month you wait is debt that cannot be erased. Voluntary unemployment doesn't count, but layoffs and medical issues do.