If a Texas parent doesn’t pay court-ordered child support, the debt doesn’t fade. Every missed payment becomes a final judgment the day it’s due, and past-due support earns 6 percent simple interest. The parent who is owed support, or the Office of the Attorney General, can file a motion for enforcement. The judge can then confirm the arrears, order wage withholding, place liens, suspend licenses and hold the parent in contempt. In a district court, contempt can mean up to six months in county jail and a $500 fine.
The details depend on how the motion is written, what the paying parent can prove, and which deadlines apply. Below we walk through each step for parents on both sides.
What happens when a Texas parent stops paying child support
Under Texas Family Code Section 157.261, child support payments that aren’t made on time become final judgments for the amounts due. Nobody has to sue first. The unpaid portion grows at 6 percent simple interest per year under Section 157.265 until it’s paid or confirmed in a money judgment, and then that judgment keeps earning 6 percent.
Arrears are also sticky. When a court confirms the amount owed, Section 157.263(b-3) says it may not reduce or modify the arrearage. It can credit an offset the law allows, but it can’t forgive back support because times were hard. If you want a refresher on how the monthly number was set, see our overview of how Texas child support is set.
There are deadlines, and they differ by remedy. Section 157.005 lets a parent ask for contempt up to two years after the child becomes an adult or the support obligation ends. A request to confirm the arrears in a money judgment can be filed up to ten years after that date. Those are long windows, but the contempt window closes first.
How a motion for enforcement works in family court
A motion for enforcement is filed in the court that already has the case, which the Family Code calls the court of continuing, exclusive jurisdiction (Section 157.001(d)). That’s usually the family court that signed your divorce decree or support order, even if one parent has since moved to another county.
The motion has to be precise. Section 157.002 requires the amount owed under the order, the amount paid, and the total arrearage. If you’re asking for contempt, it must also list each date of alleged contempt with the amount due and the amount paid. A motion can attach the official payment record from the Title IV-D registry or a local registry, and that record can be updated at the hearing and used as proof (Section 157.162(c)).
In our work across Travis, Hays, Bastrop and Comal County family courts, the motions that struggle are usually the ones that summarize. “He hasn’t paid since spring” is a complaint. A table of due dates, amounts due and amounts received is a case. If you’re thinking about enforcing child support orders in Texas, that per-date detail is the part to get right first.
The other parent must be personally served with the motion and the notice of hearing at least 10 days before the hearing (Section 157.062(c)). You can also join other claims in the same case under Section 157.003, such as a request to change the support amount or a child custody issue.
What contempt of court can mean for a parent who doesn’t pay
Contempt is the judge’s power to punish or pressure a parent who disobeyed a court order. Under Government Code Section 21.002, contempt of a district or county court carries a fine of up to $500, up to six months in county jail, or both.
Texas courts use two kinds of contempt, and the difference matters. Criminal contempt punishes past violations, so the order has to identify the date of each missed payment the judge found (Section 157.166(b)). Civil contempt is meant to coerce, so a parent is confined until he or she does something specific, usually paying a set amount. That order must state the exact conditions for release (Section 157.166(c)). One order can include both.
Jail isn’t automatic. Under Section 157.165, a judge may suspend the commitment and place the parent on community supervision. Conditions can include paying current support and the arrears, paying the fees awarded, counseling, and job help through the Texas Workforce Commission (Section 157.211).
When jail is possible, the court must tell an unrepresented parent about the right to a lawyer and appoint one if that parent is indigent (Section 157.163). And if the court finds support wasn’t paid, it must order the parent to pay the other side’s reasonable and necessary attorney’s fees, court costs and expenses on top of the arrears (Section 157.167, as amended in 2025). When a parent is held in contempt and owes $20,000 or more, the judge can’t waive those fees unless the parent is involuntarily unemployed or disabled and lacks the money to pay them.
Child support enforcement tools that work without jail
Most child support enforcement is about getting money to children, not locking anyone up. Wage withholding alone can take up to 50 percent of a parent’s disposable earnings under Family Code Section 158.009. A court can order several of these tools at once, and they keep working after the hearing ends:
| Tool | What it does | Family Code |
|---|---|---|
| Income withholding | Takes current support plus an amount that clears the arrears within two years, or an extra 20 percent of the monthly order, whichever is faster. Capped at 50 percent of disposable earnings. | 158.003, 158.009 |
| Child support lien | Attaches to nonexempt property, including a bank account, retirement plan or insurance proceeds. It doesn’t attach to a homestead. | 157.312, 157.317 |
| License suspension | Available once three months of support is overdue and the parent has missed a repayment schedule. | 232.003 |
| Money judgment | Confirms the total arrears and interest, and requires periodic payments on it. | 157.263, 157.264 |
Withholding works best when the paying parent has a steady job. When income is irregular or paid in cash, liens and license suspension carry more weight.
Warrants, jail and criminal charges for unpaid support
People often ask how far behind a parent has to be before a warrant issues. In the Family Code, no dollar amount triggers a warrant. Under Section 157.066, if a parent was personally served and doesn’t show up for the enforcement hearing, the judge can’t hold that parent in contempt that day. The judge can grant a default judgment and issue a capias, which is an order to arrest the parent and bring him or her to court.
Criminal charges are a separate track. Penal Code Section 25.05 makes it a state jail felony to intentionally or knowingly fail to support your child. That statute has no dollar threshold either. It’s an affirmative defense that the parent could not provide support. A motion for enforcement doesn’t rule out a criminal case (Family Code Section 157.003(b)). Prosecutors decide whether to bring criminal charges, while the civil enforcement process described above is the route a parent can start.
When the paying parent truly can’t pay
Texas recognizes that some parents fall behind on support payments because they lost the ability to pay, not because they chose to stop. Section 157.008(c) gives a defense to contempt, but it’s narrow. The parent must show all four of these:
- They lacked the ability to pay the amount ordered.
- They had no property that could be sold, mortgaged or pledged to raise the money.
- They tried and failed to borrow the money.
- They knew of no other source from which the money could be borrowed or legally obtained.
There’s a second defense under Section 157.008(a) and (b). It applies when the parent receiving support voluntarily handed the child over for longer than the ordered visitation, and the paying parent actually supported the child during that time.
Even a winning defense doesn’t erase the debt, because confirmed arrears can’t be reduced. That’s why timing matters for a parent whose income has dropped. A change in support generally reaches back only to the date the other parent was served or appeared in the case, so the sooner you ask to modify the support order, the less unpayable debt builds up.
Help from the Attorney General or your own attorney
The Office of the Attorney General is the state’s Title IV-D child support agency (Family Code Section 231.001). Its Child Support Division can enforce support orders and, according to the OAG’s enforcement page, works with more than 60 licensing agencies to suspend licenses. It can also seek passport denial and file liens on bank accounts, retirement plans and insurance settlements.
Know the trade-off before you choose. Under Section 231.109(d), an OAG attorney represents the state, not you, and no attorney-client relationship is formed. The OAG also says it does not enforce visitation orders. When you file your own motion through a family law attorney, you control the strategy, you can join child custody or modification claims, and you can ask for your attorney’s fees under Section 157.167.
What to gather before you file
A strong enforcement case is mostly paperwork that tells a clear story: the order, the official payment history and proof of what was actually paid. Under Section 157.162(c), a registry payment record attached to the motion can prove payment dates, interest and the total arrearage. Before you ask an attorney for help, pull together:
- Copies of the court orders that set support, including any later modification.
- The payment history from the state disbursement unit or the OAG online account.
- Proof of any direct payments, such as bank transfers or app records.
- The other parent’s employer, licenses and any property or accounts you know about.
If you’re behind, gather the same records plus proof of job loss, illness or efforts to borrow. Silence is the costliest response, because a no-show can lead to a default judgment and a capias.
This article is general information, not legal advice for your situation. If unpaid support is building up on either side of your case, our family law enforcement attorneys can review your order and payment record and explain your options. We meet with parents at our offices in Austin, Buda, Bastrop, New Braunfels and Victoria.
Frequently asked questions
Can you go to jail for not paying child support in Texas?
Yes. A judge who finds a parent in contempt can order up to six months in county jail and a $500 fine under Government Code Section 21.002. A judge can also suspend the jail time and place the parent on community supervision, with conditions such as paying the arrears.
How far behind in child support before a warrant is issued in Texas?
No set amount triggers a warrant. A judge can issue a capias for arrest when a parent who was personally served with an enforcement motion fails to appear at the hearing (Family Code Section 157.066).
Is unpaid child support a felony in Texas?
It can be. Criminal nonsupport under Penal Code Section 25.05 is a state jail felony when a parent intentionally or knowingly fails to support a child. Inability to pay is an affirmative defense. Prosecutors decide whether to file charges, while a parent owed support uses the civil enforcement process.
Do child support arrears ever go away in Texas?
Not on their own. A court may not reduce confirmed arrears (Family Code Section 157.263), and interest accrues at 6 percent per year. A money judgment for arrears can be requested up to ten years after the child becomes an adult or support ends.
How long do I have to file for contempt over unpaid child support?
A motion asking for contempt must be filed within two years after the child becomes an adult or the support obligation ends (Family Code Section 157.005). After that, you can still seek a money judgment for the arrears, but not contempt.