The Severe Consequences of Delinquent Child Support Payments

If you are an obligor (the parent ordered to pay child support) in Texas, meeting your court-ordered obligations is not just a moral duty, it is a legal mandate with potentially severe consequences if you fail to comply.

The Texas Office of the Attorney General (OAG) is empowered with a wide range of tools to enforce support orders, and they are not hesitant to use them.

Falling behind on payments can quickly escalate from a financial headache to a life-altering legal crisis, potentially affecting your freedom, your employment, and your ability to travel.

It is crucial to understand the enforcement actions that can be taken against a noncustodial parent in Texas.

What Legal Actions Can Be Taken Against a Non-Paying Parent?

The most immediate and common tool used to enforce a support order is the filing of a Motion for Contempt.

This is a legal action where the custodial parent (obligee) asks the court to find the non-paying parent in contempt for violating the court order.

Criminal and Civil Penalties (Jail Time)

Failing to pay court-ordered Child Support is a serious offense.

• Contempt of Court: If a judge finds you in contempt, you could face jail time, typically up to six months per violation. You may also face fines. This is often an immediate threat in enforcement cases.
• Criminal Nonsupport: Under the Texas Penal Code, a person commits the offense of “criminal nonsupport” if they “intentionally or knowingly” fail to provide support. This can be filed as a state jail felony, punishable by six months to two years in a state jail and up to a $10,000 fine. An arrest is permitted in these cases.

Loss of Licenses and Certifications

The state can leverage your essential licenses to force compliance with a support order.

• Driver’s License Suspension: One of the most common enforcement actions is the suspension of your driver’s license. Losing the ability to legally drive can severely impact your employment and daily life.
• Professional and Occupational License Suspension: If you hold a professional license (e.g., for law, medicine, plumbing, teaching, etc.), the OAG can request that the issuing agency suspend it. This directly threatens your ability to earn a living in your chosen field.
• Other Licenses: This power extends to recreational licenses, such as hunting and fishing licenses.

Can the Government Seize My Assets or Income?

Yes, the state has extensive powers to intercept or seize funds to satisfy past-due child support, known as arrearages.

Income Withholding and Seizure

Most court orders in Texas include an automatic income withholding order. This means a portion of your paycheck is automatically deducted and sent to the OAG for distribution.

For those who are delinquent, the state can also seize other sources of income:

• Wage Garnishment: Up to 50% of your current payments can be withheld to cover arrearages.
• Tax Refund Intercept: Both your state and federal tax refunds can be intercepted and applied to the past-due balance.
• Personal Injury Settlements and Lottery Winnings: Money from personal injury claims, insurance settlements, and lottery prizes can also be intercepted and used to pay down your child support debt.

Liens on Property and Financial Accounts

A lien is a legal claim against an asset, which prevents you from selling or refinancing it until the debt is paid.

The Texas Attorney General’s Office can place liens on various assets, including:

• Real Property: Liens can be placed on your home or any other real estate you own.
• Bank Accounts: Funds in checking, savings, and other bank accounts can be frozen and seized.
• Retirement Plans: Assets held in retirement accounts or life insurance plans can be subject to a lien.

How Does Unpaid Child Support Affect My Life and Credit?

The consequences extend beyond immediate legal and financial penalties, impacting your long-term stability and reputation.

Passport Denial

If you owe a substantial amount in child support—specifically, if your arrearages exceed $2,500—the federal government can deny your application for a new or renewed U.S. passport.

This can significantly restrict your ability to travel internationally for personal or business reasons.

Credit Reporting

The Texas Attorney General’s Office is required to report both the amount of child support owed and the payment history to credit reporting agencies.

Consequently, a history of non-payment or delinquency can cause your credit score to drop significantly, making it harder to secure loans, mortgages, or even certain types of employment in the future.

The Child Support Evader Program

For parents who owe over $5,000 in child support and are deliberately avoiding their obligations, the Texas Attorney General’s Office may publish their name and photograph on its website as part of the Child Support Evader program.

This public shaming can be severely damaging to one’s reputation.

What If I Can’t Afford to Pay?

If you genuinely experience a significant and material change in circumstances, such as job loss, a substantial decrease in income, or a major medical issue, it is absolutely critical to act immediately and not simply stop paying.

The Importance of Seeking a Modification

Ignoring the issue is the fastest way to trigger enforcement actions. If your income has changed, you have the right to request a modification of the existing Child Support order.

A court cannot retroactively lower the amount of past-due support (arrearages), so the longer you wait to file for a modification, the larger your debt will become.

Do not wait for the other parent or the OAG to file an enforcement action against you.

Contact a knowledgeable family law attorney right away to file a Petition to Modify the parent-child relationship.

Taking proactive steps can protect you from the most severe consequences, including contempt charges and jail time.