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Maybe money is tight and the balance keeps growing. Maybe support ended years ago and a notice just arrived. Maybe you thought an agreement with the other parent took care of it, but the payment record tells a different story. Either way, the question is the same: Can You Pause Child Support Arrears in Texas when life has become harder than the court order expected?
The short answer is that Texas law usually does not offer a simple pause button for past-due child support. Under Texas Family Code Chapter 157, missed support payments can become enforceable judgments, and arrears may continue to carry serious consequences even after current support ends. That does not mean every balance is correct, every enforcement action is unavoidable, or every parent is out of options.
At The Law Office of Bryan Fagan, PLLC, our mission is educating families and protecting futures. Led by Bryan Joseph Fagan, a South Texas College of Law graduate and trusted Texas family law authority, our Houston-based firm helps parents across Texas understand support orders, payment records, arrears, enforcement risks, and practical next steps. This guide explains what past-due support is, what can and cannot change it, and how parents can move forward with more clarity and peace of mind.
Key Takeaways
- There is no general pause. Each missed payment becomes a judgment, and filing to change future support does not delay an enforcement hearing.
- Interest keeps running. Unpaid support accrues simple interest until it is paid or confirmed.
- A payment plan is possible. A court confirming a money judgment orders periodic payments on it.
- Private deals do not erase arrears. Support is a duty owed to the child, not a private debt between parents.
- Old balances can still be collected. Liens and withholding can remain available long after current support ends.
Quick Answer
No. Texas law has no general pause for child support arrears: each missed payment becomes a judgment, and filing to change future support does not delay an enforcement hearing. What can help are a payment plan on a confirmed judgment, the credits and defenses the Family Code allows, and correcting the payment record.
Can You Pause Child Support Arrears in Texas After Current Support Ends?
No. When current support ends, payments that already came due remain owed. If an old balance appears on a notice, start by comparing the court order with the payment record. Our guide to child support arrears in Texas explains what to look for.
The distinction held even in an unusual case involving disputed paternity. In In the Interest of Z.R.Q., the Dallas Court of Appeals reversed the portions of an order that erased child-support and medical-support obligations accrued under an earlier order. The court explained that ending future support did not wipe out those earlier obligations.
What Child Support Arrears Are
Under Section 157.261(a), a child support payment not made on time becomes a final judgment for the amount owed, including interest. No separate lawsuit is needed to create that judgment.
Under Section 157.265, simple interest at six percent a year accrues on the portion of delinquent support greater than the monthly obligation, and on a confirmed judgment until it is paid. Under Section 157.266, a payment is delinquent for interest purposes if it is not received before the 31st day after its due date, and under Section 157.267 accrued interest is part of the child support obligation.
Under Section 157.268, payments are applied first to current support, then to non-delinquent support owed, then to principal not yet confirmed, then to confirmed principal, then to interest, and then to ordered fees, costs and service fees.
Why There Is No Pause Button
Chapter 157 does not provide a way to pause arrears. Under Section 157.061(c), a court may not delay an enforcement hearing because a suit to modify the order has been or may be filed.
A former provision allowing courts to hold enforcement of arrears in abeyance was repealed in 2011, as the Supreme Court of Texas noted in Office of Attorney General v. Scholer; the current chapter contains no such section.
Our Texas family-law team helps parents across the Houston area and throughout Texas review payment records, arrears balances, and the next steps for handling past-due support.
Behind on child support?
A Texas family-law attorney at the Law Office of Bryan Fagan, PLLC can review the payment record, the order and the options the Family Code allows, without promising a particular result.
What Can Actually Help
Generally, no. Past-due support does not pause because a parent is struggling to pay, but the amount claimed may still need a careful review. Start with the court order and payment history, then compare them with any receipts or bank records you have. Our child support arrears resource explains the balance and related collection issues in more detail. The table below shows what different steps may address and what they cannot change.
Direct payments are one reason the records matter. In Ochsner v. Ochsner, the Supreme Court of Texas allowed a court confirming arrears to consider documented tuition payments made outside the support registry. Those payments satisfied the obligation on the facts of that case. The court cautioned that its decision was confined to those facts: a direct payment is not an automatic credit, and an informal arrangement does not erase support owed under a court order.
| Option | What it can do | What it cannot do |
|---|---|---|
| A payment plan on a confirmed judgment | Under Section 157.264(b), the court shall order periodic payments on the judgment, including by income withholding if the obligor is subject to it | Reduce the amount that is owed |
| Credits and offsets the Family Code allows | Under Section 157.263(b-3), a court confirming arrearages may allow a counterclaim or offset the Family Code provides, such as those in Sections 157.008(d) and 157.009 | Create a credit that the statute does not provide |
| Correcting the payment record | Under Section 157.162(c-1), a respondent may offer evidence controverting the payment record | Erase payments that were actually missed |
| The inability-to-pay defense | Under Section 157.008(c), an obligor may plead inability to pay as a defense to contempt, if the obligor lacked the ability and property, tried unsuccessfully to borrow the funds and knew of no other source | Reduce the arrearage itself; it is a defense to contempt |
| Disputing the amount stated in a lien | Under Section 157.323, an action may be brought to dispute the amount of arrearages stated in a child support lien | Stop collection of amounts that are actually owed |
| Changing future support | A request to the court can change support going forward; our procedure guide covers that path | Reach back to erase amounts that already became due |
What Happens Next?
Arrears cases follow a practical sequence, whatever path they take. These are the steps to work through:
- Review the support order and its exact terms.
- Get the payment record.
- Compare the claimed arrears to proof of payment.
- Identify possible credits, offsets or defenses.
- Prepare for the next proceeding, which may involve a payment plan, a money judgment, withholding, a lien issue or an enforcement hearing.
Why Private Deals and Waiting Do Not Work
If you are asking Can You Pause Child Support Arrears in Texas, an agreement with the other parent is not a pause button. Texas Family Code § 157.263(b-3) generally prevents a court from reducing arrears when it confirms the amount owed, apart from the counterclaims and offsets the law allows. A parent’s promise not to collect does not, by itself, change the court order.
The Supreme Court of Texas addressed this in Office of the Attorney General v. Scholer. A father stopped paying after he believed an agreement to terminate his parental rights would be finalized, but no termination order was entered. The court held that relying on the other parent’s conduct did not provide an estoppel defense to enforcement: court-ordered support is a duty to the child.
Waiting can leave a parent facing a larger balance as interest accrues. Texas law also sets different filing deadlines for contempt and for a money judgment, so the passage of time alone does not settle what can be collected. If a notice arrives years later, compare it with the order and payment record rather than assuming the balance disappeared. For practical steps, see our guide to dealing with child support back payments.
What Not to Do
- ›Do not ignore an enforcement notice.
- ›Do not rely on a verbal agreement.
- ›Do not assume support ending erased arrears.
- ›Do not pay directly without keeping proof.
- ›Do not wait to correct the payment record.
If I’m Not Held in Contempt, Do I Still Owe the Arrears?
Not being held in contempt does not necessarily end the arrears issue. Under Section 157.162(b), a finding that you are not in contempt does not prevent the court from rendering a money judgment, awarding attorney’s fees, court costs and expenses, requiring a bond or other security, ordering income withholding, or using another enforcement remedy.
| Issue | What it means |
|---|---|
| Contempt | Possible court response to violating the order |
| Money judgment | Court confirmation of the unpaid balance |
| Key point | Avoiding contempt does not necessarily erase the debt |
How Long Arrears Can Be Enforced
No. Ending current support does not erase payments that came due earlier, and different collection tools have different deadlines. Under Texas Family Code § 157.005, a motion seeking contempt must be filed within two years of the applicable event specified in the statute. A motion asking the court to confirm arrears and enter a cumulative money judgment has a ten-year filing window. Those deadlines govern those particular motions; they are not a promise that the balance disappears when a deadline passes.
Other collection measures can remain relevant after current support ends. Section 157.318 provides that a child support lien remains effective until the covered amounts are paid or the lien is otherwise released. Section 157.269 also allows the court to continue enforcing its support order, including through payment or withholding adjustments, until the amounts owed are paid. If an old notice or paycheck deduction surprises you, check the order, payment record, and any lien or withholding documents before assuming collection should have stopped.
Interest can add to an unpaid balance, making the dates and payment history worth reviewing closely. Our guide to child support interest in Texas covers that related question.
Case Note: Enforcement Can Outlast Current Support
In Khaligh v. Khaligh, a First Court of Appeals memorandum opinion, a father ordered in 1980 to pay support argued that more than ten years had passed since his daughter turned 18. The court held that the ten-year limit in Section 157.005(b) applies only to cumulative money judgments, and that liens and writs of withholding remain available until all child support and arrearages have been paid. It affirmed a lien and a writ of withholding sought by his 41-year-old daughter. The point for this page is narrow: an old balance can still be collected.
Where Each Related Question Belongs
Can You Pause Child Support Arrears in Texas addresses payments that are already past due. If your question is when current support ends or what steps are needed to end those payments, start with our guide to legally ending child support payments in Texas. Ending current support does not, by itself, erase an unpaid balance.
Other questions call for a closer look at the order and the facts. An agreement between parents, a request to change support, or a termination of parental rights can each raise different issues about future payments and amounts already owed. Identifying which question you need answered first can help you find the right next step without losing sight of the arrears.
What to Gather Before You Talk With a Lawyer
Bring these to your first conversation:
- ›the current support order;
- ›the payment record and proof of any direct payments, such as bank records, receipts, canceled checks, payment-app records, tuition invoices, emails and any written acknowledgment of payment;
- ›any lien, notice or writ you received;
- ›any written agreement with the other parent; and
- ›income records, if inability to pay is the issue.
Facing an old arrears balance?
Bring the support order, the payment record and any notices you received. A Texas family-law attorney can explain the options.
Legal Resources
Legal research note: This page was checked against the current official text of Texas Family Code Chapter 157 and Section 154.007. The Khaligh and Ochsner notes were checked against the official court opinions; the Scholer and Z.R.Q. notes were checked against unofficial reproductions, with official-copy confirmation reserved for the citation check. The authorities were last checked on October 9, 2026.
- Texas Family Code Chapter 157 — use it for: arrears, interest, payment plans, defenses and liens. Official text.
- Texas Family Code Chapter 154 — use it for: the withholding provision in every support order (Section 154.007). Official text.
- Khaligh v. Khaligh, No. 01-18-01119-CV (Tex. App.—Houston [1st Dist.] July 16, 2020) — use it for: enforcement after current support ends (First Court of Appeals memorandum opinion). Official court opinion.
- Ochsner v. Ochsner, No. 14-0638 (Tex. June 24, 2016) — use it for: direct payments and the payment record (Supreme Court of Texas; confined to its facts). Official court opinion.
- Office of Attorney General v. Scholer, 403 S.W.3d 859 (Tex. 2013) — use it for: why private reliance does not erase support (Supreme Court of Texas; estoppel is not a defense). Unofficial reproduction; official-copy check pending.
- In the Interest of Z.R.Q., No. 05-24-01514-CV (Tex. App.—Dallas May 18, 2026) — use it for: accrued support is not erased by a later order (Dallas Court of Appeals memorandum opinion). Unofficial reproduction.
Meet Kimberly P. Washington
Attorney Routing
Kimberly P. Washington
Senior Managing Attorney
Kimberly Washington has been with the Law Office of Bryan Fagan, PLLC since 2015 and provides senior legal leadership in Texas family-law matters, including divorce, child custody, and mediation. When past-due support is the issue, the payment record and the order’s terms are where she will start.
Licensed by the State Bar of Texas since 2008 · Juris Doctor, Thurgood Marshall School of Law
Conclusion:
If you are asking, “Can You Pause Child Support Arrears in Texas?” remember that while past-due support generally cannot be put on hold, you may still have options. In straightforward situations, reviewing the court order and payment history may help identify missing credits or clarify what you owe. In more complex cases involving disputed balances, liens, income withholding, or an upcoming enforcement hearing, the right legal strategy becomes even more important. Waiting or relying on an informal agreement can allow interest and enforcement issues to continue.
At The Law Office of Bryan Fagan, PLLC, we believe that understanding your options is the first step toward regaining control and peace of mind. Our senior managing attorney, Kimberly P. Washington, brings extensive Texas family-law experience to matters involving support, custody, and mediation. If your case involves disputed payments, an inability to pay, or a balance you believe is incorrect, our team can help you understand the applicable law and determine what steps may be available. Call 281-810-9760 for a free consultation or schedule online at https://www.bryanfagan.com/schedule/. Let us help you move forward with greater clarity and protect what matters most to your family.
About the Author
Bryan Fagan
Founder, Law Office of Bryan Fagan, PLLC
Texas Divorce & Family Law Attorney · Licensed in Texas Since 2012
Bryan Fagan founded the Law Office of Bryan Fagan, PLLC in 2012. His work includes Texas family-law strategy, firmwide leadership, team-based case planning, and client education designed to help families understand their legal options and make informed decisions.
Juris Doctor, South Texas College of Law, 2011 · Licensed by the State Bar of Texas May 4, 2012 · Bar No. 24080889
About the Law Office of Bryan Fagan, PLLC
The Law Office of Bryan Fagan, PLLC helps Texas families understand and navigate family-law issues involving divorce, child custody, possession and access, and related matters. Founded by Bryan Fagan in 2012, the firm combines legal representation with education designed to give families clearer information about their options and the decisions ahead.
This page provides general information about 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.
Frequently Asked Questions
Not by reducing them. Under Section 157.263(b-3), a court confirming arrearages may not reduce or modify the amount, though it may allow a counterclaim or offset the Family Code provides. That is why the payment record and any statutory credit matter so much.
Not by a private understanding. The Supreme Court of Texas has held that court-ordered support is a duty owed to the child, and that the other parent’s conduct cannot eliminate that duty except as a statute provides. Any change should go through the court.
No. New current support stops accruing when the order ends, but interest on unpaid support does not. Under Section 157.265, interest runs on the portion of delinquent support greater than the monthly obligation until it is paid or confirmed, and on a confirmed judgment until it is paid.
Yes, when a court renders a money judgment for arrearages: Section 157.264(b) requires it to order periodic payments on the judgment, including by income withholding if you are subject to it. A plan spreads out payment; it does not reduce what is owed.
Yes. Section 157.005 sets deadlines for contempt and for a cumulative money judgment, but a child support lien lasts until the amounts are paid or the lien is otherwise released under Section 157.318, and one Texas appellate court, in a memorandum opinion, allowed a lien and withholding decades after the child became an adult.
No. Texas does not have a general child-support-arrears forgiveness rule, and a private agreement does not erase arrears. Under Section 157.263(b-3), a court confirming arrearages may not reduce or modify the amount, except for the credits, offsets or payment-record corrections the law allows. Payment plans, proof disputes, statutory defenses, credits and offsets are different from forgiveness.
No. Nothing in Chapter 157 pauses arrears for hardship. Inability to pay can be a defense to contempt only if every element of Section 157.008(c) is proved, and changing future support is a separate request to the court. Acting early keeps the balance from growing.
