How to Enforce Child Support in Texas

• How to establish child support in Texas
• How can Texas courts enforce child support payments?
• How the Attorney General can enforce child support payments
• References

After a divorce, children typically live with one custodial parent who provides food, housing, clothing, health insurance, and more. The non-custodial parent makes child support payments to ensure the children have what they need as they grow. 

As a custodial parent, you rely on those payments to provide for your children. If your ex fails to pay, you have options. You could go to court and ask the judge to enforce your child support payments, or you could work with the Texas Office of the Attorney General. 

How to establish child support in Texas

You're required to tell the court about the children you share during the divorce process. Your final paperwork filed with the court will include child support orders approved by a judge. 

Texas courts can also order child support due to the following issues:

• Child custody cases not related to divorce 
• Paternity suits 
• Family violence cases 

The Texas Attorney General offers an online calculator to help families understand how much child support payments should be. But a judge makes the final ruling. 

How can Texas courts enforce established child support payments?

Once a court makes the order, one parent must pay the other. Funds move through official channels, not as handouts from one party to the next. You'll have proof if your ex stops supporting your children. You can use that proof in court. 

You can file paperwork with the Texas courts, asking them to enforce your child support order. Head to the court that processed your Texas case, and ask for the forms you need.

Once you file a case and the judge agrees there are missing payments, the court can take the following steps:

• Withhold payments from your ex’s paycheck
• Suspend your ex’s driver’s license and other professional licenses 
• Place a lien on assets your ex owns, such as properties, bank accounts, and retirement plans
• Hold your ex in contempt of court, which could mean jail time 

Texas courts move quicker than the Attorney General’s office, and you could get relief faster via this method. But the courts don’t have as many options to pressure your spouse to pay as compared to the Attorney General. 

How the Attorney General can enforce child support payments

The Texas Office of the Attorney General (OAG) is officially in charge of child support payments. Custodial parents have accounts with the office, and they can use those accounts to report missing payments. 

The OAG can take the following steps:

• Suspend more than 60 types of licenses, including hunting, professional, fishing, and driver's licenses
• Deny passport issuance or renewal requests
• File liens on bank accounts, retirement plans, life insurance plans, and more 

The OAG also has an Evader Program that accepts public tips about non-paying parents. This program puts added pressure on your ex to pay what's owed. 

In general, it's easier to work with the OAG when your spouse won't make payments. The process might take longer than using the court system, but your ex will be responsible for every missed payment. You are more likely to get the money your children are owed.

FAQs About Enforcing Child Support in Texas

How do I enforce a child support order in Texas?
You can request help from the Texas Office of the Attorney General (OAG) Child Support Division or file a motion for enforcement in court. Common tools include income withholding, license suspension, liens, and contempt proceedings.

What is income withholding and how does it work?
Income withholding orders require an employer to deduct support from the paying parent’s wages and send it to the state disbursement unit. It is the most common and effective collection method.

Can Texas suspend licenses for unpaid child support?
Yes. Courts and the OAG can initiate suspension of driver’s, professional, and recreational licenses when a parent is seriously delinquent.

Will interest accrue on child support arrears in Texas?
Yes. Unpaid child support typically accrues interest until it is paid, increasing the total balance owed.

What if the paying parent is self-employed or changes jobs?
You can pursue enforcement through bank levies, liens, and court orders. If the job changes, a new income withholding order can be sent to the new employer once identified.

Should I seek a modification or enforcement?
Use enforcement to collect past-due amounts under an existing order. Seek modification only if circumstances have changed and you need the order amount adjusted going forward.

How To: Enforce Child Support in Texas

Gather your documents and calculate arrears
Compile the signed order, payment ledger, and interest if applicable. Note dates and amounts missed.

Choose your path: OAG help or court filing
Request enforcement through the OAG Child Support Division or prepare a motion to enforce in the court that issued the order.

Request or update income withholding
Submit or update an income withholding order to the current employer. Include case details so deductions begin promptly.

File a motion to enforce if needed
Ask the court for remedies such as judgments for arrears, payment plans, license suspension, liens, or contempt sanctions.

Serve the other parent and attend the hearing
Ensure proper service of your filings. Bring proof of missed payments and any communications regarding nonpayment.

Secure and implement the order
Obtain a signed enforcement order. Send IWOs to employers, record liens if ordered, and confirm payment routing through the state disbursement unit.

Monitor and follow up
Track payments, update employer information after job changes, and return to court or the OAG if nonpayment continues.

Suggested: How is Child Support Calculated in Texas?

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References