Failing to Pay Child Support in Texas (2026 Update)

Failing to pay child support in Texas can lead to jail time, wage garnishment, license suspensions, passport revocation, and other serious consequences. Texas courts have broad enforcement powers under the Texas Family Code Chapter 157, and they do not hesitate to use them.

If you are behind on child support or facing an enforcement action, you need to understand what is at stake. Below, we break down the eight biggest consequences of failing to pay child support in Texas and explain what you can do to protect yourself.

At Varghese Summersett, our Family Law Division is led by Turner Thornton, a skilled negotiator, experienced litigator, and licensed mediator who has guided hundreds of families through their most difficult legal challenges. With a team of more than 70 attorneys and staff across four Texas offices, we handle child support matters on both sides: helping parents who need to modify their support obligations and representing parents who are owed back support through child support enforcement actions.

You've Seen Us On

What Are the Legal Elements of a Child Support Enforcement Action in Texas?

Before diving into the specific consequences, it helps to understand how child support enforcement works from a legal standpoint. Under Texas Family Code Chapter 157, the parent seeking enforcement (the movant) must prove the following by a preponderance of the evidence (meaning more likely than not):

First, a valid court order requiring the payment of child support existed. Second, the respondent knew about the order. Third, the respondent failed to comply with the order. If the movant proves these elements, the burden shifts to the respondent to show an inability to pay. A respondent who had the ability to pay but chose not to can be held in contempt of court.

It is also worth noting that the other parent cannot legally withhold visitation because of unpaid child support. These are treated as separate legal obligations under Texas law.

1. Can You Go to Jail for Not Paying Child Support in Texas?

Yes. If a judge finds that you intentionally failed to pay court-ordered child support, you can be held in contempt of court and sentenced to up to six months in jail for each missed payment. That means months or years of missed payments can stack up quickly.

On top of contempt, Texas treats chronic nonpayment as a criminal offense. Under Texas Penal Code Section 25.05, a person commits the crime of “criminal nonsupport” if they intentionally or knowingly fail to support their child. Criminal nonsupport is a state jail felony, punishable by 180 days to two years in a state jail facility and a fine of up to $10,000.

Parents who deliberately dodge their obligations can also end up on the Texas Attorney General’s Child Support Evader Program website. The OAG publishes the names and photos of parents who owe more than $5,000 and have an active arrest warrant.

Watch: Can You Go to Jail for Unpaid Child Support?

2. Can You Lose Your Driver’s License for Unpaid Child Support?

Yes, and it is not just your driver’s license. Under Chapter 232 of the Texas Family Code, any license issued by the state of Texas can be suspended for failing to pay child support. This includes professional licenses (nursing, real estate, law), a license to carry a firearm, commercial driver’s licenses, and even hunting or fishing licenses.

For many parents, a license suspension creates a painful cycle. Losing a professional license or driver’s license can make it even harder to earn income and catch up on payments. If you are at risk of a suspension, speaking with a family law attorney about a modification or payment plan before enforcement action begins can make a real difference. Learn more about enforcement of family court orders in Texas.

3. Can Your Wages Be Garnished for Child Support in Texas?

Yes. Most court orders for child support now include an automatic income withholding order under Chapter 158 of the Texas Family Code. This order instructs the noncustodial parent’s employer to withhold child support directly from their paycheck and send it to the custodial parent through the State Disbursement Unit.

Wage withholding is not optional. Employers are legally required to comply, and a parent cannot ask their employer to ignore the order. If you change jobs, the withholding order follows you. The new employer will receive the same directive.

Watch: Child Support and Wage Withholding Explained

4. Can the Government Seize Your Tax Refund for Back Child Support?

Yes. If you are behind on child support, the Texas Attorney General’s Office can intercept both your state and federal tax refunds. The money is redirected to the custodial parent to offset what is owed. This also applies to lottery winnings. Under Texas Family Code Section 157.318, the court can also order any money owed to the obligor by a governmental entity to be applied toward the arrearage.

Take the first step toward resolution. Call Varghese Summersett at (817) 203-2220 to discuss your situation with an experienced family law attorney.

5. Can a Lien Be Placed on Your Property for Unpaid Child Support?

Yes. The Texas Attorney General’s Office can file a child support lien on your real property, bank accounts, retirement plans, investments, and virtually any other asset you own. Under Texas Family Code Section 157.312, a child support lien arises by operation of law when support is delinquent. This means the state does not even need a new court order to place the lien in many cases.

A child support lien can prevent you from selling property, refinancing your home, or accessing funds in your accounts until the debt is resolved.

6. Can You Lose Your Passport for Owing Child Support?

Yes. Under the federal Passport Denial Program, if you owe more than $2,500 in past-due child support, the U.S. State Department can deny your application for a new or renewed passport. But the enforcement landscape is changing significantly.

In 2025, the Trump administration announced plans to expand enforcement of this 30-year-old law. Previously, the State Department only acted when someone applied for a passport or requested consular services. Under the new approach, the government will proactively revoke existing passports based on data shared by the Department of Health and Human Services. The first group targeted will be passport holders who owe more than $100,000 in back child support, with plans to eventually lower that threshold.

Since the Passport Denial Program began in 1996, it has collected nearly $621 million in past-due child support payments. Parents facing revocation can avoid losing their passport by entering into a payment plan with HHS after receiving notice.

If you have significant child support arrears and rely on international travel for work or family obligations, this is an urgent reason to seek legal help. An attorney can help you pursue a modification or structured payment arrangement before your passport is affected.

7. Can Unpaid Child Support Hurt Your Credit Score?

Yes. The Texas Attorney General’s Office is required to report the amount of child support you owe and the amount that has been paid to credit reporting agencies. Delinquent child support can significantly damage your credit score, making it harder to rent an apartment, qualify for a mortgage, or obtain a car loan. The damage to your credit can linger for years, even after the balance is paid off.

8. Can You Lose a Personal Injury Settlement Because of Back Child Support?

Yes. Under Texas law, a child support lien can be placed on personal injury settlements. If a noncustodial parent receives a settlement from a personal injury claim, a portion of that money can be intercepted and applied toward outstanding child support debt. This is true regardless of whether the settlement was meant to cover medical bills, lost wages, or pain and suffering.

What Should You Do If You Cannot Afford Your Child Support Payments?

If you have lost your job, experienced a medical emergency, or had a major change in your financial circumstances, the worst thing you can do is simply stop paying. Texas courts do not excuse missed payments retroactively. Arrearage continues to accumulate, along with interest at 6% per year under Texas Family Code Section 157.265.

Instead, you should file a petition to modify your child support order. Under Texas Family Code Chapter 156, you can request a modification if there has been a material and substantial change in circumstances, or if it has been three years since the order was last modified and the monthly amount differs by 20% or $100 from the current guidelines. Learn more about when you can modify child support in Texas.

Acting quickly matters. A modification only takes effect from the date the petition is filed, not from when your circumstances changed. Every day you wait is another day of arrearage you will owe. Protect what matters most. Call (817) 203-2220 to speak with a family law attorney today.

What to Expect From Varghese Summersett

At Varghese Summersett, we understand that falling behind on child support does not make you a bad parent. Life happens. Jobs are lost. Health problems arise. We are here to help you find a path forward.

Our Family Law Division handles child support matters from every angle. If you are behind on payments and facing enforcement, we can help you seek a modification, negotiate a payment plan, or defend against contempt charges. If you are owed child support and your co-parent is not paying, we can pursue aggressive enforcement actions on your behalf.

With four offices across Texas in Fort Worth, Dallas, Southlake, and Houston, we serve families in Tarrant, Dallas, Denton, Collin, Harris, and Fort Bend counties. We also handle cases involving interstate child support enforcement under the Uniform Interstate Family Support Act.

When you call Varghese Summersett, you can expect to speak with a team that listens, explains your options clearly, and fights for the outcome you need.

Award-Winning Legal Excellence

Ask Varghese Summersett AI

Versus-AI has been taught everything from our website and is here to help you find the answers you need. Ask Versus-AI anything.

Watch: What Happens When You Get Behind on Child Support in Texas?

Frequently Asked Questions About Failing to Pay Child Support in Texas

How much child support do you have to owe before you go to jail in Texas?

There is no minimum dollar amount. A judge can hold you in contempt and sentence you to up to six months in jail for any willful violation of a child support order. If you owe more than $5,000 and have an arrest warrant, you may also be listed on the Texas Attorney General’s Child Support Evader website.

Can child support arrears be forgiven in Texas?

Generally, no. Texas law does not allow courts to retroactively forgive past-due child support. However, the custodial parent can voluntarily agree to waive a portion of the arrearage, and there may be limited options through the Attorney General’s office for negotiating a reduced lump-sum payment on very old arrears.

What is the statute of limitations on child support in Texas?

Child support arrears can be enforced for up to 10 years after the child turns 18 (or after the date the support obligation ends under the court order). There is no expiration on the debt itself. The obligation remains until it is paid in full.

Can the other parent deny visitation if I am behind on child support?

No. Under Texas law, child support and visitation are separate legal obligations. A parent cannot withhold court-ordered possession and access because the other parent is behind on support. If your visitation is being denied, you have the right to file an enforcement action. Learn more about denied child visitation.

How can I get my child support lowered in Texas?

You can file a petition to modify your child support order if there has been a material and substantial change in circumstances (such as job loss, disability, or a significant change in income) or if three years have passed and the current amount differs by at least 20% or $100 from what guidelines would require. You can use the Texas child support calculator to estimate what you might owe under current guidelines.

Whether you are behind on child support and need to modify your order, or you are owed support and need help collecting it, Varghese Summersett is here for you. Call us at (817) 203-2220 to speak with a family law attorney who can help you take the next step.