In Texas, what are the consequences for non-payment of child support?

Available consequences in Texas

Nonpayment can lead to income withholding, collection of arrears and interest, liens or seizure of certain assets, license suspension, contempt sanctions, and—if the required criminal elements are proved—a criminal nonsupport conviction. These remedies can be pursued together; using one does not generally foreclose another.[1]

Consequence	What may happen
Income withholding	A court or the Texas Title IV-D agency generally must order withholding from the obligor’s disposable earnings when periodic child support is ordered, modified, or enforced. Withholding may cover current support and arrears; the statutory cap is generally 50% of disposable earnings.[2]
Arrears judgment and interest	Each support payment that is not timely made becomes a final judgment for the amount due, including interest. The court may confirm arrears and enforce the resulting judgment.[3]
Contempt	The obligee may seek enforcement in the court with continuing, exclusive jurisdiction. If contempt is established, the court may impose coercive sanctions, including commitment; it may also place the respondent on community supervision and suspend commitment. Contempt proceedings require careful attention to the order’s enforceability and the respondent’s ability to comply.[4]
Attorney’s fees and costs	If the court finds the respondent failed to make child-support payments, it generally must order payment of the movant’s reasonable attorney’s fees and court costs, in addition to arrears, subject to statutory exceptions.[5]
Liens and levy	A child-support lien arises by law against an obligor’s real and personal property for support due and owing, including accrued interest, subject to the statutory requirements for perfecting the lien. Texas law also provides for levy on certain financial assets.[6]
License consequences	A court or the Title IV-D agency may suspend a license when the obligor owes at least three months’ support, has had an opportunity to pay under a court-ordered or agreed repayment schedule, and failed to comply with it. “License” can include a driver’s, occupational, professional, hunting, or fishing license. A repayment arrangement or other statutory relief may avoid or lift suspension, depending on the circumstances.[7]
Criminal nonsupport	Intentionally or knowingly failing to provide support for a child under 18, or for a child covered by a support order, is a state jail felony. Inability to provide support is an affirmative defense. Criminal prosecution is separate from the civil enforcement case and does not prevent a court from entering a support order.[8]
Other consequences	The Texas Attorney General’s Child Support Division can pursue enforcement measures, including license suspension and other collection remedies. The supplied Texas State Law Library guide also reports that a person more than $2,500 behind may be ineligible for a U.S. passport under federal law.[9]

Important distinctions

Arrears do not disappear because the parents informally agree to stop or reduce payments. A support order ordinarily must be modified by the court; until then, the ordered amount remains enforceable. The Texas Attorney General handbook likewise cautions that an informal agreement does not modify a court order.[10]
Denied visitation is not a defense to nonpayment. Texas law treats support and possession or access as separate obligations.[11]
An employer’s failure to forward withheld support does not automatically excuse the obligor’s obligation to pay. The employer may separately be liable for failing to remit amounts withheld.[12]
A motion to enforce is generally filed in the court of continuing, exclusive jurisdiction. The motion must identify the order provision allegedly violated, describe the noncompliance, and state the requested relief.[13]

In Texas, what are the consequences for non-payment of child support?

Available consequences in Texas

Important distinctions

Sources & References

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