If the other parent is not paying court-ordered child support in Denton County, you do not have to wait and hope the money shows up. Texas law gives courts powerful tools to force payment — including wage garnishment, license suspension, and jail time — and an experienced Denton child support enforcement lawyer can help you recover the support your child is owed. 
Varghese Summersett’s Family Law Team Serves Denton County
Varghese Summersett’s Family Law Division brings together attorneys with decades of combined experience handling child support enforcement cases across North Texas, including Denton County. The team is led by J. Turner Thornton, a Partner who has guided hundreds of families through contested family law matters and is recognized by Best Lawyers in America for Family Law. Partners Craig Jackson and Dena L. Wilson bring more than two decades of family law experience to the table, with a track record that includes high-stakes custody battles and complex enforcement proceedings.
The firm has four offices across Texas — Fort Worth, Dallas, Southlake, and Houston — and a team of more than 70 professionals. Whether you are a custodial parent trying to collect past-due support or a paying parent facing a contempt motion, our attorneys know the Denton County courts and how enforcement cases actually unfold inside them.
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Common Questions About Child Support Enforcement in Denton County
People searching for help with enforcement often want to know: What happens if my ex refuses to pay? Can they go to jail? How do I report non-payment to the court? Can the state help me collect, or do I need my own attorney? These are all valid concerns, and the answers depend on the specific circumstances of your case.
Some parents turn to the Texas Attorney General’s Child Support Division for help. The OAG can pursue enforcement through administrative means, but it represents the State of Texas — not you personally. Hiring a private family law attorney means someone is advocating solely for your family’s interests, moving faster, and pursuing a broader range of remedies than the OAG typically uses.
If you are the parent being accused of non-payment, the stakes are just as high. A contempt finding can mean jail time, and you need to understand your rights before you walk into a Denton County courtroom.
The Legal Framework for Child Support Enforcement in Texas
Under Texas Family Code § 154.001, every parent has a legal duty to support their child. When a court orders a specific amount, that order is enforceable — and the failure to pay is taken seriously by Texas courts.
Enforcement proceedings are governed primarily by Texas Family Code Chapter 157. Under § 157.002, a party seeking enforcement files a motion identifying each specific payment that was missed and the amount owed. The court then holds an enforcement hearing.
What the Petitioner Must Establish
The parent seeking enforcement must prove the following by a preponderance of the evidence — meaning it is more likely than not to be true:
- A valid, existing court order for child support was in place
- The paying parent (the obligor) had notice of the order
- The obligor had the ability to pay at the time payments were due
- The obligor failed to make one or more required payments
For criminal contempt — which can result in jail time — the standard is higher: beyond a reasonable doubt. The burden of proof rests with the party seeking enforcement throughout.
What the Paying Parent May Raise in Response
The respondent (the parent accused of non-payment) is not without recourse. Under Texas law, they may present evidence of financial inability to pay at the time payments were missed, proof that payments were made but not properly credited, evidence that the order was modified or terminated, or arguments that the enforcement action is time-barred under § 157.005, which generally limits enforcement to a 10-year period from the child’s 18th birthday.
Inability to pay is a recognized defense, but it requires actual evidence — not just a claim. Courts expect documentation of job loss, illness, or other hardship. Simply choosing not to work is not a defense.
The Role of Income Withholding
Under Texas Family Code Chapter 158, courts can issue an income withholding order directing an employer to deduct child support directly from a paying parent’s paycheck and forward it to the State Disbursement Unit. This is often the fastest and most reliable enforcement tool. If a withholding order is already in place and the obligor changes jobs without updating the information, additional enforcement steps become necessary.
Enforcement Tools Available in Denton County
Texas courts have a wide range of tools to compel child support payments. The right combination depends on the obligor’s circumstances — their employment status, assets, and history of non-compliance.
Income Withholding and Wage Garnishment
As described above, this is usually the first step. The court can order the obligor’s employer to withhold support from each paycheck automatically. It can also be applied to certain other income sources.
Contempt of Court
When a paying parent knowingly violates a court order to pay support, the court can hold them in contempt under Texas Family Code § 157.065. Civil contempt allows a judge to jail the obligor until they purge the contempt by paying. Criminal contempt can result in a definite jail sentence of up to 180 days per violation. These are serious consequences, and courts in Denton County use them.
License Suspension
Texas law authorizes suspension of the obligor’s driver’s license, professional licenses, and recreational licenses (hunting and fishing) when child support is delinquent. For many obligors — especially those in licensed trades — the threat of losing a professional license is a powerful motivator.
Tax Refund Interception
Through cooperation between state and federal agencies, past-due child support can be collected from federal and state tax refunds. If an obligor is owed a refund, it can be redirected to the custodial parent.
Liens and Asset Seizure
A child support lien can be placed on real property, vehicles, and other assets. Financial accounts can also be subject to levy. For obligors with real estate or significant assets in Denton County, these tools can be highly effective.
Passport Denial
Federal law prohibits the issuance or renewal of a U.S. passport to any person who owes more than $2,500 in past-due child support. This is coordinated through the Office of Child Support Enforcement and the U.S. Department of State.
Criminal Non-Support Charges
In cases of deliberate, long-term non-payment, the Texas Attorney General can pursue criminal charges for criminal non-support under Texas Penal Code § 25.05. A first-time offense is a state jail felony. Repeat offenses can be prosecuted as third-degree felonies. Conviction results in a criminal record in addition to civil liability.
The Legal Process: How Enforcement Works in Denton County
Child support enforcement cases in Denton County are heard in the district courts that handle family law matters, including the 362nd, 393rd, and 431st District Courts, located at the Denton County Courts Building, 1450 E. McKinney St., Denton, Texas 76209. Cases originally filed in another county may require transfer proceedings if the child has been living in Denton County for six months or more.
The process typically follows these steps:
- Consult with an attorney to assess what has been paid, what is owed, and what enforcement tools are most likely to work given the obligor’s circumstances.
- File a Motion for Enforcement under Texas Family Code § 157.002, identifying each missed payment by date and amount.
- Serve the respondent with notice of the enforcement hearing. Proper service is essential — courts will not proceed without it.
- Attend the enforcement hearing. The judge hears evidence from both sides. If the court finds non-payment, it enters an enforcement order, which may include a jail sentence, wage withholding, fines, and attorney’s fees.
- Collect the arrearage. An arrearage judgment is enforceable like any civil judgment and accrues interest at 6% per year under Texas law.
The process can move quickly when an attorney files properly and pursues enforcement aggressively. Some cases resolve before a full hearing when the obligor realizes the consequences are real. Others require courtroom advocacy to reach a resolution that protects your child’s financial security.
If You Are the Parent Facing Enforcement
If you have fallen behind on child support payments in Denton County, being served with an enforcement motion is serious. The motion sets out specific amounts allegedly owed and asks the court to hold you in contempt. Jail is a real possibility if you do not respond effectively.
A family law attorney can help you gather documentation of any payments you made, assess whether the amounts claimed are accurate, present evidence of financial hardship if you genuinely could not pay, and negotiate a resolution — often including a payment plan — before the hearing. Seeking to modify child support going forward is separate from enforcement of past-due amounts, but both issues can sometimes be addressed in the same proceeding.
Do not ignore an enforcement motion. Courts in Denton County take non-payment seriously, and failing to appear or respond only makes the outcome worse.
What to Expect From Varghese Summersett
From the moment you call our Denton office, you will work with attorneys who know these courts and treat your case with the urgency it deserves. Our Denton child support attorneys handle both enforcement and defense — whether you are trying to collect past-due support or responding to a contempt motion filed against you.
Our family law team, led by experienced partners J. Turner Thornton, Craig Jackson, and Dena L. Wilson, approaches every enforcement case with a clear strategy built around your specific circumstances. We do not push clients toward the most aggressive option or the easiest path. We find the right path for your family.
We also understand that enforcement cases are not just legal problems — they affect your children and your finances every day they go unresolved. Our team includes more than 70 professionals across four offices in Texas, giving us the depth to handle complex cases efficiently and thoroughly.
If you are ready to take action on unpaid child support in Denton County, reach the firm at (940) 252-2220.
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Watch: Can You Go to Jail for Unpaid Child Support?
One of our family lawyers answers this question directly — including when Texas courts actually send parents to jail for non-payment and what the process looks like.
Frequently Asked Questions About Child Support Enforcement in Denton County
How much back child support has to be owed before enforcement action can begin?
There is no minimum threshold under Texas Family Code Chapter 157. A single missed payment is technically enforceable. In practice, most attorneys recommend pursuing enforcement when arrears have accumulated over several months and communication with the other parent has not resolved the issue. The sooner enforcement begins, the harder it is for arrears to grow into a debt that feels impossible to collect.
Can the Texas Attorney General handle my case, or do I need a private attorney?
The Texas Attorney General’s Office of the Attorney General (OAG) offers child support enforcement services, but it represents the State — not you. It prioritizes cases by its own criteria and moves at its own pace. A private family law attorney represents only you and your child, can file immediately, pursue a broader range of remedies, and advocate for your interests in court hearings. Many parents find that hiring their own attorney moves enforcement along far more quickly and effectively.
What happens if the paying parent claims they cannot afford to pay?
Inability to pay is a recognized defense under Texas law, but it must be proven with real evidence — documentation of job loss, medical records, or other objective proof of financial hardship. Courts are experienced at distinguishing genuine inability from deliberate avoidance. If a parent voluntarily quit a job or reduced income to avoid paying support, courts can impute income based on earning capacity under the intentional underemployment doctrine.
How long can the other parent wait before it is too late to collect?
Under Texas Family Code § 157.005, a motion for enforcement of child support must be filed before the lawsuit for enforcement of child support is barred by the applicable statute of limitations — generally 10 years from the date the child turns 18. However, waiting to pursue enforcement means more arrears can accumulate and the obligor’s financial situation may change in ways that make collection harder. Acting promptly protects your ability to collect.
Can child support enforcement affect the paying parent’s visitation rights?
Non-payment of child support and visitation rights are legally separate issues in Texas. A parent cannot legally withhold court-ordered visitation because the other parent has failed to pay child support — and doing so can expose the custodial parent to their own enforcement action. The two issues are addressed in separate proceedings, though they are often litigated at the same time when the relationship between the parents has broken down completely.
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Speak With a Denton County Child Support Enforcement Attorney
Unpaid child support affects your child’s life today. The team at Varghese Summersett is ready to help you pursue every remedy available under Texas law — or to defend you if you are the parent facing an enforcement motion. To speak with a Denton County family law attorney, call (940) 252-2220 or reach out through our website.
