Child Support Enforcement in Texas

In Texas, the Office of the Attorney General handles child support enforcement for the state. If recipient parents need help collecting back child support payments, the AG’s Child Support Division can assist them. Parents can also make their own enforcement requests through the courts. The AG has enforcement mechanisms that private individuals do not have. There are aspects of child custody where the AG’s office cannot help you.

Enforcing child support obligations is one of several child support services the Texas OAG provides. This article reviews the services the agency offers and what parents need to provide for enforcement.

Texas Child Support Enforcement: The Basics

In most cases, courts write child support orders during divorce proceedings. Courts will order either or both parents to contribute to the child’s support until the child reaches the age of 18 or graduates from high school (Texas Family Code § 154.001).

In a Title IV-D case, where neither biological parent has custody of the child, the child’s guardian or a state agency may request child support payments on behalf of the child. If a parent needs to establish paternity or obtain a support order, they can do so through the OAG.

Enforcement of Child Support

Enforcement of child support orders occurs when the payor parent, usually the noncustodial parent, fails to make the ordered payments. When that happens a parent can either go to court with their own attorney, or file a complaint with the OAG.

If you attempt to enforce the order yourself, you may ask the court:

• For an income withholding order from the non-paying parent’s paycheck

• To suspend the other parent’s driver’s license or other professional licenses

• To place liens on the parent’s properties, bank accounts, or retirement plans

When taking legal action against the other parent, you should have legal representation. You can request attorney’s fees and court costs (§ 157.167) but the judge may waive the fees. Handling your own case is faster, and you can speak directly to the judge about your issues.

If the Attorney General’s Office takes the case, the office will carry out the same enforcement steps. It can also:

• Intercept the other parent’s state and federal income tax refunds and benefits, such as social security and disability payments

• Suspend or revoke the parent’s passport

• Report the non-payment to credit reporting agencies

The OAG cannot enforce visitation orders or custody matters. Since the OAG has many cases, it can take longer for them to get to your case. If your child support question also involves issues of visitation, you should contact an experienced family law attorney for help.

Establishing Paternity

In Texas, a father does not have legal right to a child until paternity is established. The mother or legal guardian cannot obtain a support order against a putative father until confirming his identity. If a parent needs to locate an absent father or receive an order for a paternity test, the OAG will provide assistance.

Can you go to jail for unpaid child support in Texas?

Failure to pay court-ordered child support is a felony under Texas law (Texas Penal Code § 25.05). Criminal nonsupport is “intentionally or knowingly” failing to provide financial support for one’s minor child. The prosecution may obtain a conviction solely on the testimony of a party to the offense, without other corroborating evidence (§ 25.05(c)).

Courts can impose jail time of 180 days to two years per offense. The OAG’s Child Support Evader Program maintains a website with the names and photographs of individuals with past due child support arrears of more than $5000.

If a parent is unable to make support payments due to financial hardships, Texas courts can modify the original order. Support modification requires a substantial change in circumstances, such as loss of a job or a significant change in the child’s needs. Parents should not make any changes to their support order without contacting the family law courts.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Texas Child Support Enforcement: Related Resources

• Texas Child Support Calculations

• Texas Child Support and Custody Modifications

• Texas Enforcement of Family Court Orders

Get Legal Advice from a Texas Family Law Attorney

If you are receiving child support and need help from the state to collect, get legal advice from an experienced Texas child support attorney before taking any other steps. The attorney can help you contact the local office of the state disbursement unit for aid.