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Child Support Enforcement Laws in Texas

If the other parent has stopped paying court-ordered child support, Texas child support enforcement gives you real tools to make them pay. You can file a Motion for Enforcement asking the court to order income withholding, confirm the arrears into a judgment, suspend a license, or hold the other parent in contempt. You do not have to wait and hope the payments start again.

Every missed payment is money your child needs for school, medical care, or a stable home, and unpaid support does not just sit still while you wait. Which remedies you pursue, and in what order, affects how quickly you get paid and how much pressure the other parent actually feels. Below is what Texas law allows, what the process looks like in Collin County and Denton County courts, and what deadlines apply.

If your support amount is already set by a court order, the sections below cover what happens when that order goes unpaid. If you are still working out how much support should have been ordered in the first place, our overview of child support in Texas walks through the state’s guideline formulas and the factors judges weigh.

What Counts as a Child Support Violation

A violation happens any time a parent pays less than the full amount ordered, pays late, or skips required medical or dental support. Texas Family Code Section 157.001^[1] lets you file a Motion for Enforcement the moment this happens, whether it is one missed payment or dozens.

You do not need to prove the missed payments were intentional before filing. The motion is what puts your case in front of a judge and starts the path toward income withholding, a money judgment, or contempt.

Enforcement Remedies Available Under Texas Law

Texas gives courts several tools to enforce a support order, and one Motion for Enforcement can request more than one at a time.

Income withholding. Texas Family Code Section 158.001^[2] requires the court, or the state’s Title IV-D agency, to order that support be withheld directly from the obligor’s paycheck. The order follows the obligor to a new employer automatically.
A money judgment for arrears. Under Section 157.263^[3], the court confirms the total unpaid balance, including interest, and enters a cumulative judgment the enforcing parent can collect like any other debt.
License suspension. Once arrears cross a set threshold, Texas can suspend a driver’s license, professional license, or hunting and fishing license under Chapter 232^{. [4]}
Property liens and bank account levies. The state can attach a lien to real or personal property, or reach funds directly in a bank account, to satisfy unpaid support.
Tax refund interception and credit bureau reporting. State and federal tax refunds can be intercepted, and arrears can be reported to credit agencies.
Passport denial. The federal government can deny or revoke a passport once arrears cross a set federal threshold.
Contempt of court. When a judge finds the nonpayment was willful, contempt can lead to fines, community supervision, or jail time.

Attorney's Fees When the Other Parent Doesn't Pay

When a court finds that a parent failed to pay child support as ordered, Texas Family Code Section 157.167^[5] requires the court to order that parent to pay the enforcing party’s reasonable attorney’s fees and court costs. A court can waive that requirement for good cause shown, but once arrears reach $20,000 or more and the parent is held in contempt, the court can only waive fees if the parent proves they are involuntarily unemployed or disabled and lacks the resources to pay.

That rule matters because it shifts the cost of enforcement toward the parent who caused it, not the parent who is already owed money.

How to File a Motion for Enforcement

Gather your documentation. Pull the original support order, a full payment history, and bank records showing what was and was not received.
Draft the motion. List each violation with the date it was due, the amount owed, and the amount actually paid, along with the specific remedies you want.
File with the court that issued the order. Enforcement motions go back to the original court, not a new one.
Serve the other parent. They are entitled to proper legal notice of the motion and the hearing date before the case can move forward.
Attend the hearing. Bring your documentation and be ready to walk the judge through each missed payment.

Time Limits for Enforcing Child Support in Texas

Texas Family Code Section 157.005^[6] sets two separate deadlines, and they do not run out at the same time. A court can hold a parent in contempt only if the motion is filed within two years of the child turning 18 or the support obligation otherwise ending. A court can still confirm the arrears and enter a money judgment for up to ten years after that same date.

That means contempt stops being available once the two-year window closes, but the debt itself, and your ability to collect it, does not disappear nearly as fast.

Working With the Attorney General vs. Hiring a Private Attorney

The Texas Office of the Attorney General’s Child Support Division can pursue income withholding, license suspension, and tax refund interception without you needing to hire an attorney. That service is free, but your case moves through the agency’s queue on the agency’s timeline, alongside every other case it is handling.

A private attorney works your case specifically, on your timeline, and can pursue contempt and a mandatory attorney’s fee award in the same motion. When arrears are large, income is hidden, or you need the leverage of a specific court date, private enforcement usually moves faster and hits harder.

If the Other Parent Says They Can't Pay

Texas law recognizes a limited defense for a parent who genuinely could not pay because of circumstances outside their control, such as a documented job loss or disability. Proving that defense can affect whether a judge orders contempt, but it does not erase the arrears already owed.

If the other parent’s financial situation has genuinely and permanently changed, the more effective move going forward may be a formal child support modification instead of repeated enforcement action for the same order.

If the Other Parent Is Self-Employed or Hides Income

Enforcement gets harder when the other parent isn’t collecting a simple paycheck. Self-employment and cash income make it easier to understate what’s actually coming in, and cases like this call for real financial discovery: bank records, business ledgers, and a hard look at what the business actually earns versus what a tax return shows.

When Arrears Have Been Building for Years

Some cases aren’t about one or two missed payments. They are years of nonpayment that have grown into tens of thousands of dollars in debt, interest, and frustration, and at that point the goal shifts from a single hearing to a sustained collection strategy across every remedy Texas law allows.

How The Ramage Law Group Approaches Enforcement

We know how exhausting it is to keep chasing money you are already legally owed. That’s why we think several moves ahead on every enforcement case, choosing the combination of income withholding, a money judgment, and license suspension that gets you paid fastest, not just the remedy that feels the most satisfying to request.

We tell clients the truth about how long enforcement realistically takes and what evidence a judge will actually want to see, because guessing wrong on either one costs you time you don’t have. From our offices in McKinney and Frisco, we represent parents across Collin County and Denton County, including Plano and Allen, in front of the same courts that issued their original orders.

Frequently Asked Questions

How long does it take to enforce child support in Texas?

Timing depends on the court’s docket and whether the other parent contests the motion, but most enforcement hearings are set within a matter of weeks after filing and proper service.

Can a parent go to jail for not paying child support in Texas?

Yes. If a judge finds the nonpayment was willful, contempt can include fines, community supervision, or jail time, in addition to any money judgment already owed.

Will I actually get back the child support that's already unpaid?

The court can confirm the total arrears and enter a money judgment against the other parent, but collecting on that judgment still depends on tools like income withholding, liens, and levies.

Do I have to hire an attorney, or can I use the Attorney General's office?

Either path is available. The Attorney General’s office can pursue several remedies at no cost, while a private attorney gives your case individual attention and can pursue contempt and attorney’s fees directly.

Is there a deadline to collect back child support in Texas?

Contempt is only available within two years of the child turning 18 or the support obligation ending, but you generally have up to ten years after that date to confirm the arrears and get a money judgment.

Take the Next Step

Unpaid child support does not fix itself, and every month that passes is another payment your child didn’t get. Building a strong enforcement case takes documentation, the right combination of remedies, and someone willing to see it through hearing after hearing if that’s what it takes.

The Ramage Law Group helps parents throughout Collin County and Denton County build enforcement cases that get results.

If the other parent has stopped paying, schedule a consultation to talk through your options. Reach our McKinney office at (972) 737-4995 or our Frisco office at (972) 736-9808 to speak with our family law team, or find the office nearest you at our Texas office locations.

Sources

[1] Tex. Fam. Code § 157.001 – Motion for Enforcement | https://texas.public.law/statutes/tex._fam._code_section_157.001

[2] Tex. Fam. Code § 158.001 – Income Withholding | https://texas.public.law/statutes/tex._fam._code_section_158.001

[3] Tex. Fam. Code § 157.263 – Confirmation of Arrearages | https://texas.public.law/statutes/tex._fam._code_section_157.263

[4] Tex. Fam. Code ch. 232 – License Suspension | https://texas.public.law/statutes/tex._fam._code_title_5_subtitle_d_chapter_232

[5] Tex. Fam. Code § 157.167 – Attorney’s Fees and Costs | https://texas.public.law/statutes/tex._fam._code_section_157.167

[6] Tex. Fam. Code § 157.005 – Time Limitations for Enforcement | https://texas.public.law/statutes/tex._fam._code_section_157.005

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