If you have a child support order in Texas, you depend on regular payments from your ex to help cover the expenses of raising a child. When your ex fails to make child support payments, it can create real stress for you and your child. Knowing how a child support case works and modification can help you take action and secure the support your child deserves. What happens if child support isn’t paid? Enforcing child support orders is the task of the Texas Attorney General’s office, which can suspend your ex’s driver’s license, put liens on their bank accounts, or prevent them from getting a passport. You can also file a lawsuit to collect the child support you’re owed and to order enforcement measures if your ex still refuses to pay.
How to Enforce a Child Support Order
If your ex hasn’t been making regular local child support payments, you’re probably wondering how to collect unpaid child support in Texas. You can enforce a child support order by contacting the Office of the Attorney General.
The Texas Attorney General can take several steps to enforce the child support order, including:
- Denial of motor vehicle registration renewal
- License suspension
- Public identification
Parents often contact the Attorney General’s Office for help with visitation and child support orders. However, the Attorney General cannot help enforce a visitation order, only a child support order.
Options for Child Support Payment
Texas allows several options for child support payments, including:
- Online payment
- Payment by phone
- Payment by mail
- Cash payment
- Wage withholding
- Bank auto draft payment
- TouchPay kiosk payment
If your ex will not pay child support using any of these methods, you can pursue enforcement through the Attorney General’s Office.
Legal Enforcement Options for Child Support
The simplest option for legally enforcing child support is wage withholding, which is how 80% of child support payments in Texas are made. The Texas Attorney General’s Office can order wage garnishment for child support. Other enforcement options exist if you can’t get child support payments this way.
The Attorney General’s Office can ask the Department of Motor Vehicles to deny motor vehicle registration for a parent who has not paid child support for six months or more. If this occurs, the delinquent parent will receive a notification three months before their vehicle registration expires. To register their vehicle, they must pay at least $200 and make a payment plan to get caught up.
State laws on child support enforcement in Texas also give courts the power to:
- Suspend licenses.
- File a lien on bank accounts, properties, and other assets.
Any parent who owes $2500 or more in child support cannot acquire or renew a U.S. passport.
License Suspension for Unpaid Child Support
The Attorney General’s Office can order a license suspension because of unpaid child support. This includes:
- Driver’s licenses
- Professional licenses
- Hunting licenses
- Fishing licenses
The Attorney General works with over 60 different licensing agencies and can ask any of them to suspend a license for unpaid support. If a delinquent parent needs a professional license to work, the threat of license suspension can be a powerful incentive for them to pay.
Jail Time for Unpaid Child Support
Courts in Texas can also enforce a child support order by finding the overdue parent in contempt of court. Criminal contempt is punishable by fines or incarceration, but jail time for unpaid child support is only used in extreme cases.
In cases where a delinquent parent owes more than $5000 and a court has issued a warrant, the Attorney General’s Office will publicly identify the evader and seek tips from the public to locate them.
Modifying a Child Support Order Due to Non-Payment
If a non-custodial parent has trouble keeping up with child support payments, they can ask a court to modify the child support order. The Attorney General’s Office cannot change the amount of child support the non-custodial parent owes, as only a court can order a modification. According to the Attorney General’s Office, it’s always best for the non-custodial parent to pay something, even if they can’t pay the full amount they owe.
Please read more about the consequences of not paying child support here: Legal Risks of Not Paying Child Support
How Long Can Child Support Go Unpaid?
How long can child support go unpaid in Texas? According to Quick Child Support Facts for Re-Entering Parents, unpaid child support remains in arrears until paid. That means that no matter how long a delinquent parent goes without paying child support, the debt remains valid until they pay what they owe. There is no statute of limitations on child support debt in Texas.
Enforcement Agencies
Child support enforcement agencies include:
- The Texas Office of the Attorney General
- The OAG’s Child Support Division
- District courts
- Government programs for enforcing child support through the Office of the Inspector General
The first step in enforcing a child support order is to contact the Child Support Division of the Attorney General’s Office. The Office of the Inspector can get involved if:
- The non-custodial parent lives in a different state and hasn’t paid child support for at least a year.
- The non-custodial parent owes over $5000 and lives in a different state.
- The non-custodial parent has left the country or moved to another state to avoid making child support payments.
You can also ask a district court for child support arrears collection through a court order for child support enforcement. To take this step, you must contact a Texas family lawyer.
Contact a Texas Family Law Firm Today
Can I sue for unpaid child support? Yes, Texas law allows you to file a motion to confirm that your ex is in arrears for child support and to order payment. A court can order any legal enforcement method, such as license suspension or denial of vehicle registration. If you want to pursue litigation for unpaid child support, a Texas family law firm can help.
Smith & Bledsoe Family Law is an award-winning legal firm serving Austin, Texas. We can provide legal help to enforce child support payments in Texas. We have built a reputation here in Austin for taking on even the most difficult cases without hesitation.
We would be happy to serve as your safe anchor in the courtroom. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. If you have trouble collecting unpaid child support, call Smith & Bledsoe Family Law at (512) 714-2877 or contact us online today.