How to Get Child Support Arrears Dismissed in Texas

If you are hoping to make a child support balance disappear, start with what the law actually allows. Understanding How to Get Child Support Arrears Dismissed in Texas means knowing the difference between correcting an inaccurate balance and seeking forgiveness of a valid debt. Missing payment records, calculation errors, and qualifying legal credits may affect what you owe; financial hardship or a private agreement generally does not erase it.

A past-due support notice can bring worry about your paycheck, your family, and what happens next. This guide explains what dismissal can mean, which documents to gather, and when Texas law may allow a correction, credit, or defense to enforcement.

At The Law Office of Bryan Fagan, PLLC, we believe clear answers help families regain confidence and peace of mind. Our Houston-based firm was founded by Bryan Joseph Fagan, a South Texas College of Law graduate licensed in Texas since 2012. Through compassionate counsel and practical guidance, we carry out our mission of educating families and protecting futures. Begin with the order and payment history, and let’s walk through the questions that can clarify your next step.

Key Takeaways

• No general dismissal process exists. Valid arrears are not erased because parents agree, payment is hard, or someone thinks it would be fair.
• A wrong balance can be corrected. Proof of payment can be used to contest the payment record, and the state disbursement unit’s record can be reviewed when a discrepancy is documented.
• Defenses and credits have strict conditions. They reduce what is owed only when the Family Code’s specific requirements are met, and inability to pay answers contempt, not the balance.
• Deadlines restrict remedies. A missed filing deadline limits a particular court remedy, while the support owed remains.
• State-owned arrears are a separate question. A voluntary Attorney General program may credit qualifying payments on arrears owed to the state, never on arrears owed to the family.

How to Get Child Support Arrears Dismissed in Texas: What the Law Allows

Understanding how to get child support arrears dismissed in Texas starts with identifying what you are challenging. An incorrect payment record, a qualifying statutory credit, and a valid unpaid debt require different approaches. Dismissing an enforcement motion does not automatically erase the underlying balance.

Texas Family Code Chapter 157 provides the rules for these enforcement, payment-record, and credit questions. The important step is matching your circumstances to the specific relief the law permits.

In straightforward situations, the dispute may involve one missing payment. In more complex cases, an existing judgment, contested credits, or several collection methods may require deeper review. Our guide to handling child support arrears in Texas explains practical next steps for reviewing your records and understanding your options.

These five questions can help you identify the issue:

What Texas Courts Mean by a Payment, a Promise, and a Deadline

A promise is not a payment. In Office of the Attorney General of Texas v. Scholer, the Supreme Court of Texas held that estoppel did not excuse a father who stopped paying after signing papers to give up his parental rights that were never filed in court; the uncompleted agreement did not end his court-ordered support. That holding concerns promises, not proof of payments actually made.

Proof of an actual payment is a different question. In Ochsner v. Ochsner, the Supreme Court of Texas held that a court confirming arrearages could consider undisputed tuition payments made outside the channel the order specified in deciding whether the obligation had been discharged, and it confined that decision to its facts. It does not turn money spent on a child, or every payment made outside the order, into a credit.

A missed deadline limits a remedy. In Khaligh v. Khaligh, a First Court of Appeals memorandum opinion, the court held that the 10th-anniversary deadline in Section 157.005(b) applies to a request for a cumulative money judgment and did not bar the child support lien and income-withholding remedies the daughter sought.

Our Texas family-law team helps parents across the Houston area and throughout Texas review arrears balances, payment records, and the options the Family Code actually provides.

If the Balance Was Paid or Calculated Incorrectly

A balance can be challenged when the record does not match what was paid. Under Section 157.162(c), a payment record attached to an enforcement motion is admissible to prove the dates and amounts of payments, the accrued interest and the cumulative arrearage, and under Section 157.162(c-1), a respondent may offer evidence controverting the contents of that record.

If your payments went through the state disbursement unit, Section 234.0091 lets either parent request a copy of the unit’s payment record and ask the Attorney General’s Child Support Division to investigate a documented discrepancy, such as a canceled check for a payment the record leaves out. The agency must respond within 20 days of receiving the request, and the record is amended only if its investigation finds that a correction is needed. Our arrears action guide covers the next steps.

That is a correction of the amount, not a dismissal of a valid debt.

If a Statutory Defense, Credit or Offset Applies

Certain credits and offsets may reduce arrears when their legal requirements are met. If you are researching how to get child support arrears dismissed in Texas, the key is identifying whether your circumstances support a reduction in the balance or a defense to a particular enforcement request.

Under Texas Family Code §157.008(a), (b), and (d), a parent may claim a defense when the other parent voluntarily gave up actual possession and control beyond court-ordered periods and the paying parent provided actual support. That support may support a counterclaim or offset, subject to statutory limits. Gather calendars, messages, and expense records; extra parenting time alone is not enough.

Section 157.009 provides a credit for a qualifying disability-related lump-sum payment received for the child by the other parent as representative payee. It applies only to arrears and interest owed for that child when the payment occurs, not future installments. Preserve the benefit notice and payment records.

An inability-to-pay defense under §157.008(c) addresses contempt, not cancellation of arrears, and requires proof of all statutory conditions. In more complex cases involving disputed dates, expenses, or benefit payments, careful review can clarify which relief applies. Our child support arrears resource provides additional background to help you understand the issues.

If Part of the Balance Is Owed to the State of Texas

Part of an arrears balance can be owed to the State of Texas rather than to the other parent. Under Section 231.124, the Title IV-D agency may run a voluntary program that gives an enrolled parent a credit for payments on arrears assigned to the state, and the Attorney General’s rule limits those matching credits to state-owned arrears for parents who meet its eligibility requirements.

The credits do not reduce arrears owed to the family or medical or dental support arrears, and payments made directly to the other parent or collected involuntarily, such as through liens and levies, do not earn credits. This is a payment incentive for a state-owned balance, not forgiveness of what is owed to your child’s other parent. Eligibility and enrollment terms are set by the Attorney General, so confirm the current terms with the Child Support Division before relying on the program.

If the Deadline for a Particular Remedy Has Passed

Deadlines in Chapter 157 limit particular remedies, not the debt itself. Under Section 157.005(a), a motion seeking contempt must be filed by the second anniversary of the date the child becomes an adult or the support obligation ends, and under Section 157.005(b), a motion requesting a money judgment must be filed by the 10th anniversary of that date.

A missed deadline for one of those remedies does not erase the support owed. Under Section 157.312(d), a child support lien arises by operation of law for all amounts due and owing, and under Section 157.318(a), it is effective until all current support and arrearages have been paid or the lien is otherwise released.

The Attorney General’s Child Support Division also has its own authority. Under Section 233.0155, the Title IV-D agency’s authority to issue and enforce a child support review order containing a determination of arrearages and judgment is not subject to the 10th-anniversary limit in Section 157.005(b) on the court’s jurisdiction.

Why Agreements and Leniency Do Not Erase Arrears

A private agreement or request for leniency does not erase valid unpaid child support. If you are researching how to get child support arrears dismissed in Texas, distinguish forgiveness from proving payment or claiming an authorized credit.

Under Texas Family Code §157.261(a), an unpaid installment becomes a final judgment for the amount due, including applicable interest. Section 157.263(b-3) bars a confirming court from reducing arrears while allowing authorized counterclaims and offsets. Correcting a payment error establishes the proper balance; it does not forgive a valid debt.

Interest also matters. Section 157.265 generally sets six percent simple annual interest on delinquent support exceeding one monthly obligation and on confirmed arrears judgments. Section 157.267 treats accrued interest as part of the support obligation.

If your balance includes payments due before January 1, 2002, or judgments rendered before that date, §157.265(d)–(f) requires closer review of the applicable interest rules. Gather the orders, payment history, and any written agreements rather than assuming a promise changed the balance.

Our guide to whether child support arrears can be paused in Texas explains related questions about payment arrangements and forgiveness.

Where Each Related Question Belongs

This guide explains how to get child support arrears dismissed in Texas, including the limits of dismissal and the grounds for challenging a balance. Your next step depends on whether you need to address unpaid support, explore payment arrangements, or understand how an order ends.

For practical steps, read our guide to dealing with child support back payments. If your concern is temporary financial pressure, our guide to whether child support arrears can be paused in Texas addresses related payment and forgiveness questions.

Questions about ending current support, waiving support, or terminating parental rights require separate analysis. Identifying your specific concern can help you find the right guidance without confusing a change to future obligations with resolution of an existing balance.

Legal Resources

Legal research note: This page was checked against the current official text of Texas Family Code Chapter 157, including Sections 157.005, 157.008, 157.009, 157.162, 157.261, 157.263, 157.265, 157.267, 157.312 and 157.318, Sections 233.0155 and 234.0091, and the current official text of Section 231.124. The three court decisions were read in full from the courts’ opinions for the narrow points described above. The Attorney General program description was checked against the agency’s rule and its program application and FAQ. The authorities were last checked on October 15, 2026.

• Texas Family Code Chapter 157 — use it for: payment records, defenses and credits, remedy deadlines, interest and liens. Official text.
• Texas Family Code Section 233.0155 — use it for: the Title IV-D agency’s review orders and the 10-year limit. Official text.
• Texas Family Code Section 234.0091 — use it for: requesting and disputing the state disbursement unit payment record. Official text.
• Texas Family Code Section 231.124 — use it for: the Attorney General’s arrears payment incentive program. Official text.
• Office of the Attorney General of Texas v. Scholer, 403 S.W.3d 859 (Tex. 2013), No. 11-0796 — use it for: a promise to end rights does not end support. Official opinions collection (FY2013), case 11-0796, p. 980.
• Ochsner v. Ochsner, No. 14-0638 (Tex. June 24, 2016) — use it for: proof of actual payments when confirming arrears (confined to its facts). Official court opinion.
• Khaligh v. Khaligh, No. 01-18-01119-CV (Tex. App.—Houston [1st Dist.] July 16, 2020) (mem. op.) — use it for: the money-judgment deadline versus other remedies. Official court opinion.
• 1 Texas Administrative Code Section 55.143 — use it for: program eligibility and credit limits. Unofficial reproduction of the agency rule.
• Attorney General Form 1575: Arrears Payment Incentive Program application and FAQ — use it for: how state-owed credits work. Official agency form; confirm current terms.

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Conclusion:

Understanding how to get child support arrears dismissed in Texas means identifying what the law permits in your situation. A missing payment, a qualifying credit, and a valid unpaid balance call for different responses. Start with your records so you can make decisions based on facts rather than assumptions.

In straightforward situations, the issue may involve documenting a payment that was never credited. In more complex cases, an existing judgment, disputed offsets, state-owned arrears, or an out-of-state order may require deeper analysis. If you have received an enforcement notice or face possible incarceration, explain that when scheduling and have your court papers ready.

At The Law Office of Bryan Fagan, PLLC, educating families and protecting futures starts with helping you understand your options. For related concerns, explore what happens if child support is not paid in Texas. To discuss your circumstances, bring your orders, payment history, and notices to a free consultation, or call 281-810-9760.

About the Author

About the Law Office of Bryan Fagan, PLLC

This page provides general information about challenging or reducing past-due child support under Texas law. It is not legal advice, and reading it does not create an attorney-client relationship. How these rules apply depends on the order’s terms, the payment record, the governing statutes and the individual facts.

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