What Happens When a Parent Fails to Pay Child Support in Texas? Your Legal Options

Are you struggling to keep up with your child support obligations? You are certainly not alone. According to data from the Administration for Children and Families, approximately 30 percent of people who pay child support are currently behind. The reality is that child support can be very expensive. If you are following behind, it is a problem: You could even end up in jail.

At Thornton Esquire Law Group, PLLC, we have the skills, knowledge, and experience to help parents who owe child support. Whether you are a few months behind or you allegedly owe tens of thousands of dollars, our team is here as a resource. In this article, our Houston child support attorney provides an overview of your legal options if you owe child support.

In Texas, child support is not optional. If you are required to pay it, you will face consequences if you fall behind on your financial obligations. Indeed, our state has strict enforcement mechanisms to ensure that child support obligations are met. Here is an overview of the potential consequences for ending up delinquent on your child support obligations in Texas:

• Wage Garnishment The Texas Attorney General’s Office can order wage garnishment. In other words, a portion of your check can be automatically deducted to cover child support.
• Property Lien A property lien can be placed on your real estate, vehicles, or other valuable assets if you owe unpaid child support. A bank account could also be subject to a lien.
• License Suspension If child support remains unpaid, Texas can suspend your driver’s license, professional license, hunting license, or even a fishing license.
• Federal Tax Refund Intercept The Federal Tax Refund Offset Program allows you to claim the delinquent parent’s tax refund to cover unpaid child support.
• Contempt of Court (Jail) Serious child support delinquency can result in contempt of court charges—and even jail time. A judge can order incarceration for willful nonpayment.

If you are behind on child support, the best approach—at least at the start of the process— is to communicate the issue with your co-parent and try to negotiate a solution. An experienced Houston, TX, child support lawyer can help. If possible, you should explain your financial situation and work out a reasonable payment plan. In some cases, a co-parent may be willing to accept partial payments over time instead of pursuing aggressive legal enforcement. Negotiating a voluntary payment plan may be the best option for all parties. Our Houston, TX, family law attorney can help you try to negotiate with your co-parent if you owe child support and are struggling to pay.

If you cannot negotiate an agreement with your co-parent, the best approach may be to proactively take the issue to court and request a payment plan. Texas law recognizes that some parents may have difficulty making lump-sum payments on past-due child support. The law also recognizes that parents may temporarily struggle to make certain payments. If you are behind, setting up a structured payment plan may help you avoid wage garnishment, liens, or even jail time. You may be able to get a plan that allows you to catch up over time without facing immediate consequences.

How much do you owe each month in child support? It is that amount appropriate, given your current financial situation—including your income and your expenses. If you are struggling to make payments due to a significant change in your financial situation—such as job loss, medical issues, or a reduction in income—you can request a modification. Texas law allows child support orders to be adjusted when there has been a substantial change in circumstances. Our Houston, TX, child support attorney can help you request a modification. Notably, if you are the parent seeking a reduction in child support through a modification, you must prove to the court that there has been a material and substantial change in your financial situation.

If you continue to miss payments (allegedly, the court can hold you in contempt. Remember that can result in fines or even jail time. However, Texas courts generally prefer payment solutions over incarceration. If you have a valid reason for falling behind, presenting a clear plan to catch up—such as a payment arrangement or modification request—can help you avoid the worst penalties. If you have been summoned to court for nonpayment, you need a Texas child support lawyer on your side.

If you are behind on your child support, it is imperative that you take a proactive approach. You could face a wage garnishment, a lien, or even worse consequences—such as an arrest—if you fail to take action. At Thornton Esquire Law Group, PLLC, we are committed to helping parents in Houston and throughout the wider region in Southeast Texas protect their financial interests. No matter how much child support you owe, we are here to help you find the best solution. Do not wait to get started: An initial consultation with our Houston child support attorney is fully confidential.

At Thornton Esquire Law Group, PLLC, our Houston child support attorney is standing by, ready to protect your rights. If you have any questions about your options if you are behind on child support, we can help. Call us at (888) 378-1784 or contact us online for a completely confidential initial case review. With a law office in Houston, we handle child support cases throughout the region, including in Harris County, Galveston County, Fort Bend County, Brazoria County, and Montgomery County.