Texas Child Support Enforcement

Overview of Texas Child Support Enforcement

Texas has one of the most robust child support enforcement systems in the nation. Under Texas Family Code Chapter 157, the state provides multiple enforcement mechanisms to ensure children receive the financial support they are owed.

Enforcement can be initiated by:

• The custodial parent (obligee) filing a private enforcement action
• The Texas Attorney General's Office for Title IV-D cases
• The court on its own motion

Most enforcement is handled through the Office of the Attorney General (OAG) Child Support Division, which provides free services to eligible families.

Income Withholding (Wage Garnishment)

Texas Family Code Chapter 158 requires immediate income withholding for all child support orders unless:

• One of the parties demonstrates good cause against it, and
• The court finds there is a written agreement for an alternative payment arrangement

Income withholding is the most common and effective enforcement tool. Here's how it works:

1. The court or OAG sends an Income Withholding Order (IWO) to the obligor's employer
2. The employer deducts the support amount from the obligor's paycheck
3. The employer sends the payment to the State Disbursement Unit (SDU)
4. The SDU forwards the payment to the obligee

Withholding Limits: Under federal law, the maximum amount that can be withheld is:

• 50% of disposable earnings if the obligor is supporting another spouse or child
• 60% of disposable earnings if the obligor is not supporting another spouse or child
• An additional 5% if payments are more than 12 weeks in arrears

License Suspensions

Under Texas Family Code § 232.003, the Attorney General or Title IV-D agency can suspend or deny renewal of various licenses for obligors who are delinquent on child support:

• Driver's licenses
• Professional licenses (attorneys, doctors, accountants, etc.)
• Occupational licenses (contractors, plumbers, electricians, etc.)
• Recreational licenses (hunting, fishing)

Process:

1. The OAG notifies the obligor that their license(s) may be suspended
2. The obligor has 30 days to respond by:
   • Paying the arrears in full
   • Entering into a payment plan
   • Requesting a review or hearing
3. If the obligor fails to respond, the OAG notifies the licensing agency
4. The licensing agency suspends or denies renewal of the license

License suspensions are often highly effective because they directly impact the obligor's ability to work or engage in activities, creating strong incentive to pay.

Property Liens and Seizures

Under TFC § 157.317, the OAG or obligee can place a lien on the obligor's real and personal property for unpaid child support arrears. This includes:

• Real estate (houses, land)
• Vehicles
• Bank accounts
• Personal property

Bank Account Levy: The OAG can issue a levy to freeze and seize funds from the obligor's bank accounts to satisfy arrears.

Writ of Execution: If a judgment for arrears exists, the court can issue a writ of execution allowing the sheriff to seize and sell property to satisfy the debt.

Tax Refund Interception

The OAG participates in both federal and state tax refund offset programs:

• Federal Tax Refund Offset Program (FROP): If the obligor owes more than $150 in arrears (or $500 for non-TANF cases), the federal government intercepts their tax refund and sends it to the OAG for distribution
• State Tax Offset: Similar process for Texas state tax refunds

The obligor is notified before the offset occurs and may challenge it if they believe the arrears amount is incorrect.

Contempt of Court

Texas Family Code § 157.166 allows the court to hold an obligor in contempt for willful failure to pay child support. Contempt is a powerful enforcement tool because it can result in incarceration.

Types of Contempt:

• Civil Contempt: The obligor can be jailed until they comply (purge the contempt by paying a specified amount). The court sets a "purge amount"—if the obligor pays it, they are released
• Criminal Contempt: The obligor is punished for past non-payment. Penalties can include up to 6 months in jail and/or a $500 fine per violation

Contempt Process:

1. The obligee or OAG files a motion for contempt
2. The court issues a citation or warrant for the obligor to appear
3. At the hearing, the moving party must prove:
   • A valid court order existed
   • The obligor had the ability to comply
   • The obligor willfully failed to comply
4. If found in contempt, the court can:
   • Jail the obligor (with or without purge conditions)
   • Impose fines
   • Order attorney's fees and costs
   • Impose other conditions

Defense: The obligor can defend by showing they lacked the ability to pay (e.g., unemployed and actively seeking work, incarcerated, disabled). The burden shifts to the obligor to prove inability to pay once the moving party establishes the order and non-payment.

Credit Bureau Reporting

The OAG reports child support arrears to the three major credit bureaus. Delinquent child support appears on the obligor's credit report, which can:

• Lower credit scores
• Make it harder to obtain loans, mortgages, or credit cards
• Affect employment prospects (some employers check credit)

This creates indirect pressure to pay and can motivate obligors to enter payment plans.

Passport Denial

Under federal law (42 U.S.C. § 652(k)), the U.S. Department of State will deny or revoke passports for obligors who owe more than $2,500 in child support arrears. The OAG certifies cases to the federal Office of Child Support Enforcement, which forwards them to the State Department.

The obligor is notified and can resolve the issue by paying arrears or entering a payment agreement.

Criminal Non-Support

In extreme cases, willful failure to pay child support can result in criminal prosecution:

• State Crime: Under Texas Penal Code § 25.05, failure to support a child is a state jail felony if the obligor has been convicted previously, or if the child is under 18 and the obligor has failed to support for a specified period
• Federal Crime: Under 18 U.S.C. § 228 (Deadbeat Parents Punishment Act), willful failure to pay child support for a child in another state, or arrears exceeding $5,000 for more than one year, is a federal crime punishable by up to 2 years in prison

Criminal prosecution is reserved for the most egregious cases and typically pursued only when the obligor has the ability to pay but refuses.

Texas Attorney General Child Support Services

The Texas Attorney General's Child Support Division provides free services to families, including:

• Locate Services: Finding non-custodial parents using state and federal databases
• Paternity Establishment: Genetic testing and legal establishment of paternity
• Order Establishment: Filing petitions to establish initial child support orders
• Order Modification: Requesting modifications based on changed circumstances
• Payment Processing: Collecting and distributing child support payments via the State Disbursement Unit
• Enforcement: Using all available enforcement tools (income withholding, license suspensions, liens, contempt, etc.)
• Interstate Cases: Coordinating with other states under UIFSA (Uniform Interstate Family Support Act)

Eligibility: Families receiving Temporary Assistance for Needy Families (TANF) are automatically enrolled. Other families can apply for services at no cost.

How to Apply: Apply online at the OAG website or contact your local OAG child support office.

Private Enforcement Actions

Obligees who are not receiving OAG services can file private enforcement actions under TFC § 157. This involves:

1. Filing a motion for enforcement in the court that issued the original order
2. Serving the obligor with notice
3. Attending a hearing where the obligee presents evidence of non-payment
4. Requesting specific enforcement remedies (contempt, income withholding, liens, etc.)

Private enforcement often requires hiring an attorney. If successful, the court may order the obligor to pay the obligee's attorney's fees and costs.

Common Defenses to Enforcement

Obligors facing enforcement may raise defenses such as:

• Inability to Pay: Showing lack of income, assets, or ability to work due to disability, incarceration, or other circumstances. This does not eliminate arrears but may prevent contempt
• Payment Credit: Proving payments were made (e.g., direct payments to obligee, payment of child's expenses) that were not credited. The obligor should always make payments through official channels to ensure proper credit
• Offset for Overpayment: In rare cases, claiming overpayment and seeking credit
• Order Ambiguity or Error: Challenging the validity or clarity of the support order

Important: Inability to pay is not a defense to arrears accrual. Arrears continue to accrue even if the obligor cannot pay. The obligor should seek modification if circumstances change.

Interest on Arrears

Under TFC § 157.265, unpaid child support arrears accrue interest at 6% per year. Interest accrues from the date each payment was due. This can significantly increase the total amount owed over time.

Interstate Enforcement (UIFSA)

When the obligor and obligee live in different states, enforcement is governed by the Uniform Interstate Family Support Act (UIFSA), codified in Texas as TFC Chapter 159. Texas cooperates with other states to:

• Establish and enforce support orders across state lines
• Register out-of-state orders for enforcement in Texas
• Assist other states in locating obligors and withholding income

The OAG handles most interstate cases. Obligees can request enforcement through their state's child support agency, which will coordinate with Texas.

Enforcement vs. Modification

Enforcement seeks to collect past-due support (arrears) under an existing order. Modification seeks to change the amount of future support due to changed circumstances.

If you cannot afford current support, do not stop paying—this leads to arrears and enforcement. Instead, file for modification immediately. See our Texas Modification Guide for details.

How to File for Enforcement

If you are owed unpaid child support, you can:

1. Apply for OAG Services: Visit the Texas Attorney General's Child Support website and apply online. This is the easiest and most cost-effective option.
2. File a Private Enforcement Action: Hire an attorney to file a motion for enforcement in the court that issued the support order. The motion should detail the arrears amount and request specific enforcement remedies.

For detailed filing procedures, see our Texas Filing Guide.

Frequently Asked Questions