Ever had one of those mornings when you’re juggling school lunches, backpacks, and a missing shoe—and you think, “Parenting should come with a manual”? Then, right as you finally sit down with your coffee, an email pops up reminding you that your ex hasn’t paid child support again. If that sounds familiar, you’re not alone. Many Texas parents find themselves caught between managing family life and fighting for the financial support their children deserve. That’s where Enforcing Child Support Agreements Texas comes in—not just as a legal process, but as a lifeline for your child’s stability, education, and peace of mind.
At The Law Office of Bryan Fagan, PLLC, we know that unpaid child support isn’t just about money—it’s about opportunity. It’s about whether your child can stay in their same school, keep attending tutoring sessions, or participate in after-school activities that boost confidence and academic performance. And yes, enforcing those payments can absolutely make the difference between academic struggle and success.
In this post, you’ll discover practical tips to help you take control of your situation, legal insights most parents don’t know about Texas enforcement laws, and real-life stories of how families have turned financial chaos into stability. Our Houston-based family law team—led by Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody matters—will walk you through how the law protects your child’s right to thrive.
So, if you’re ready to stop stressing over missed payments and start focusing on your child’s future, keep reading. We’ll show you how enforcing child support isn’t just about legal action—it’s about protecting your child’s education, restoring balance, and giving your family the fresh start it deserves.
Key Takeaways
- Enforcing child support agreements in Texas is essential for ensuring children’s financial stability and well-being. Non-compliance can lead to serious legal consequences for parents.
- The Texas Family Code provides various enforcement mechanisms, such as wage garnishment, license suspension, and contempt of court, to compel non-paying parents to fulfill their obligations.
- Custodial parents should utilize legal remedies, including filing a Motion for Enforcement and seeking assistance from the Texas Attorney General’s Office, while maintaining professional communication to enhance co-parenting dynamics.
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Importance of Enforcing Child Support Agreements
Enforcing Child Support Agreements Texas is not simply about collecting overdue payments—it’s about protecting your child’s right to stability, security, and opportunity. Under Texas Family Code Chapter 157, the state provides multiple enforcement remedies to ensure parents meet their financial responsibilities. These include income withholding, license suspension, liens on property, and even contempt of court proceedings for willful nonpayment. When a child support order is ignored, the law allows swift action to restore compliance and protect the child’s well-being.
At The Law Office of Bryan Fagan, PLLC, we understand that child support enforcement isn’t just a legal matter—it’s deeply personal. Many parents face the frustration of knowing an order is in place but seeing no payments arrive. Texas courts take these situations seriously, and recent updates to the Texas Family Code § 231.302 strengthen the Office of the Attorney General’s ability to enforce orders through methods like wage garnishment and state license suspension. If your driver’s license has been suspended for unpaid child support, our firm can help you take the proper legal steps to restore it. Learn more in our detailed guide, How Do I Get My License Back If I Owe Child Support.
For parents struggling to receive the support their children deserve, enforcing a child support order can make the difference between financial instability and security. The Texas Family Code allows enforcement through motions for contempt, property liens, and interception of tax refunds—all designed to uphold the child’s right to financial care. Our attorneys guide parents through these processes with compassion and precision, ensuring compliance while minimizing unnecessary conflict.
To better understand your options and protect your family’s financial future, visit our Texas Child Support Resource page. Whether you need help enforcing an existing order or defending against an enforcement action, the dedicated team at Bryan Fagan Family Law is here to stand beside you—educating, empowering, and advocating for the best interests of your child every step of the way.
Legal Remedies Under Texas Family Code
Enforcing Child Support Agreements Texas can feel overwhelming, but the process is designed to protect what matters most—your child’s financial stability and well-being. The Texas Family Code, specifically Chapters 157 and 158, provides a powerful set of legal tools to help ensure compliance and hold non-paying parents accountable. These laws empower courts to enforce existing child support orders through income withholding, property liens, and contempt proceedings, all aimed at ensuring children receive the consistent support they deserve.
One of the most effective enforcement methods under Texas Family Code §158.002 is wage garnishment, which allows child support payments to be automatically deducted from a parent’s paycheck. This ensures reliability and removes the uncertainty that can come with voluntary payments. Additionally, Texas Family Code §157.317 authorizes the placement of liens on real estate, vehicles, and other property belonging to delinquent parents—property that may be seized or sold to satisfy overdue child support obligations. These provisions give parents essential tools to recover support and maintain their children’s financial security.
The Texas Attorney General’s Office also plays a crucial enforcement role by using administrative remedies like driver’s license suspension, passport denial, and civil penalties. These actions reinforce compliance and emphasize that child support is not optional—it is a legal duty grounded in the best interests of the child. Parents seeking to better understand the legal consequences of noncompliance or facing potential enforcement actions can download the firm’s free guide, Contempt of Court eBook, which explains court enforcement powers in clear, accessible terms.
At The Law Office of Bryan Fagan, our family law attorneys are dedicated to helping parents navigate the complexities of child support enforcement with empathy and precision. Whether you’re seeking to collect unpaid support or defend against an enforcement motion, our team provides strategic guidance backed by years of Texas courtroom experience. To learn more about enforcement procedures and your legal options, explore our Texas Child Support Resource for in-depth insights and practical advice tailored to Texas families.
Contempt of Court for Nonpayment
When a parent willfully disregards a child support order, the court can hold them in contempt, leading to severe legal consequences. Contempt of court is a powerful tool used to enforce court ordered child support orders and ensure compliance.
In Texas, if a court finds that a parent has failed to make child support payments, it can impose penalties such as fines and even jail time. The court can hold an individual in contempt after a hearing that proves their disregard for child support orders, which may result in penalties like jail time for up to six months. This serves as a strong deterrent against non-compliance and underscores the seriousness of child support obligations.
Criminal nonsupport is treated as a felony in Texas, potentially leading to imprisonment for up to two years for those found guilty. These legal actions highlight the importance of adhering to child support orders and the severe repercussions of failing to do so.
Income Withholding Orders
Income withholding orders are a cornerstone of child support enforcement in Texas. This method ensures that child support payments are consistently made by directly deducting the owed amount from the non-paying parent’s paycheck. The process begins when the employer receives an official document known as the ‘Order to Withhold Income for Child Support.’ This order mandates the employer to start wage deductions to cover child support payments.
While it may take several weeks for an employer to process a wage withholding order, this system is highly effective. In fact, about 80% of child support payments in Texas are processed through wage withholding. This method provides a reliable way to ensure that child support obligations are met, contributing to the financial stability and well-being of the child.
License Suspension and Passport Denial
License suspension and passport denial are potent enforcement tools utilized by the Texas Attorney General’s Office to ensure compliance with child support orders. In Texas, various licenses can be suspended for nonpayment of child support, including:
- Driver’s licenses
- Professional licenses
- Hunting licenses
- Fishing licenses
A driver’s license suspension can be requested if the noncustodial parent is more than three months overdue on child support.
Additionally, noncustodial parents who are delinquent in their child support payments may lose eligibility for obtaining or renewing their passports. These enforcement mechanisms serve as significant incentives for non-paying parents to fulfill their child support obligations, thereby ensuring that the child’s needs are met.
Filing a Motion for Enforcement
Filing a Motion for Enforcement is a critical step for custodial parents when child support payments become delinquent. It is highly recommended to work with a family law attorney to navigate this process. Filing a Motion for Enforcement requires preparing a Civil Case Information Sheet and the Motion for Enforcement document, including all relevant case information.
While filing fees are typically required, parents can request a waiver by submitting a Statement of Inability to Afford Payment. After filing the motion, the following steps must be taken:
- Set a hearing date at least 20 days after filing to provide legal notice to the other parties.
- Ensure proper service of the Order to Appear and Motion for Enforcement to the other party.
- Use a constable to serve the documents to ensure legal notification is documented.
It’s essential to present evidence during the hearing to show how the other party violated the court order. If the non-paying parent fails to appear after being properly served, the judge can issue a Capias for their arrest. This legal action underscores the importance of timely and accurate filing to enforce child support orders effectively.
Payment Plans and Arrears Judgments
Payment plans and arrears judgments offer viable options for parents to catch up on overdue child support payments. In Texas, unpaid child support, known as arrears, accumulates if the obligated parent fails to meet payment requirements set by the court. Instead of requiring a lump sum payment, courts may add a monthly increment to the ongoing support obligations to help parents manage their payments.
Judges evaluate individual circumstances to determine reasonable payment amounts for back child support, considering factors like the noncustodial parent’s awareness of their obligations. These child support guidelines provide a structured way for parents to fulfill their court ordered payments and court ordered child support obligations without overwhelming their financial situation.
Tax Refund Intercepts
Tax refund intercepts are a powerful enforcement tool used to collect overdue child support payments. This method involves the state or federal government withholding tax refunds from individuals who are delinquent in their child support payments to satisfy outstanding arrears. Utilizing tax refund intercepts can significantly enhance the likelihood of collecting overdue child support payments.
This enforcement mechanism ensures that custodial parents receive the financial support they need for their children, providing a reliable way to recover arrears. Intercepting tax refunds helps ensure that child support obligations are met, reinforcing the importance of compliance.
Checklist for Parents Enforcing Child Support Agreements
When Enforcing Child Support Agreements Texas, preparation and organization are key to ensuring your child receives the support they deserve. The Texas Family Code, particularly Chapter 157, outlines specific procedures for enforcing child support orders, empowering courts to take decisive action when payments are missed or delayed. For custodial parents, having a structured checklist not only strengthens your enforcement case but also helps maintain clarity and accountability throughout the process.
Start by gathering evidence of missed or partial payments—this includes payment records, bank statements, and receipts from the Texas State Disbursement Unit. Under Texas Family Code §157.002, proper documentation is essential for proving arrears and demonstrating a pattern of noncompliance. Maintaining a chronological record of communication with the non-paying parent can also reinforce your credibility and show that you’ve made reasonable efforts to resolve the issue before seeking court intervention.
To build a strong case, keep your supporting documents organized, including childcare expenses, medical bills, and educational costs that illustrate your child’s needs. The Texas courts rely heavily on evidence-based records when considering enforcement actions, which may include income withholding, property liens, or contempt proceedings. If you need to understand how the contempt process works—especially during exceptional circumstances such as public emergencies—read our comprehensive article, How Is Contempt of Court Enforced During a Pandemic, which breaks down how enforcement procedures adapt under evolving Texas law.
At The Law Office of Bryan Fagan, our attorneys believe that enforcing child support is about protecting a child’s right to stability, not punishing the other parent. We guide Texas families through every step—from documentation to courtroom representation—with empathy, professionalism, and deep knowledge of the latest updates to the Texas Family Code. To learn more about enforcement options and practical guidance for maintaining effective co-parenting communication, explore our Texas Child Support Resource for insights tailored to your family’s needs.
Role of the Texas Attorney General’s Office
When it comes to Enforcing Child Support Agreements Texas, the Office of the Attorney General (OAG) plays a vital role under Texas Family Code Chapter 231, which authorizes the state to establish paternity, locate noncustodial parents, and enforce support obligations. The OAG’s Child Support Division uses powerful tools such as income withholding, property liens, and driver’s license suspension to ensure compliance. These enforcement actions, supported by Texas Family Code §231.302, are designed to protect a child’s right to consistent financial care rather than punish parents in arrears.
Custodial parents who experience missed payments should promptly notify the Texas Child Support Division and keep detailed records of all communication and payment history. This documentation strengthens any enforcement request and supports possible private remedies through Texas Family Code Chapter 157, including motions for contempt or the seizure of non-paying parents’ assets. The Law Office of Bryan Fagan, PLLC works alongside parents to ensure the enforcement process is handled efficiently and in full compliance with Texas law, helping families regain financial stability and peace of mind.
While enforcing child support orders is a legal necessity, it often reflects deeper co-parenting or communication challenges that can strain relationships. For an insightful look into how these dynamics affect families, read What Is the Number One Indicator of Divorce. To explore your options and learn more about child support enforcement in Texas, visit our Texas Child Support Resource, where our firm continues its mission of educating families and protecting futures.
How Bryan Fagan’s Attorneys Can Help
When it comes to Enforcing Child Support Agreements Texas, having experienced legal guidance can make all the difference. Under Texas Family Code Chapter 157, courts have broad authority to enforce child support orders through measures such as wage garnishment, property liens, license suspension, and even contempt proceedings. These enforcement tools are designed to ensure that children receive the financial support they deserve while helping custodial parents regain stability and peace of mind. The latest updates to the Texas Family Code have further strengthened these protections, streamlining the enforcement process and prioritizing the child’s best interests.
At The Law Office of Bryan Fagan, PLLC, our family law attorneys have successfully helped countless Texas families recover overdue child support through both court actions and administrative remedies. We understand that every case is unique, and our team works closely with parents to determine the best legal strategy for securing compliance—whether through negotiation, collaboration with the Office of the Attorney General, or direct enforcement filings. Our compassionate yet results-driven approach ensures parents receive not only strong legal advocacy but also the reassurance that their child’s needs come first.
If you’re struggling to collect unpaid child support or need help navigating the enforcement process, don’t wait to seek professional guidance. Schedule a private consultation with one of our skilled attorneys today to explore your legal options, including the recovery of past-due support and potential attorney’s fees. For more information on child support enforcement and related family law topics, visit our Texas Child Support Resource to learn how our firm continues its mission of educating families and protecting futures across Texas.
Common Mistakes to Avoid
When Enforcing Child Support Agreements Texas, many parents unintentionally make mistakes that can weaken their case or prolong the enforcement process. One of the most common missteps is avoiding communication with the other parent. While emotions often run high, maintaining respectful and consistent communication can prevent misunderstandings and help resolve payment issues without escalating to litigation. The Texas Family Code, specifically Chapter 157, encourages parents to pursue remedies that promote compliance while minimizing unnecessary conflict. In some situations, mediation may provide a faster and more cost-effective path toward resolution than court intervention.
Transparency and cooperation are also critical when seeking enforcement. Parents who remain honest about financial changes or challenges demonstrate good faith to both the court and the Office of the Attorney General. Under Texas Family Code §157.001, courts have broad authority to enforce orders and issue contempt findings when a parent willfully fails to pay. To understand how contempt actions work and how to properly file one, explore How to File Contempt of Divorce Decree, which explains the legal steps Texas parents can take to ensure compliance and protect their children’s well-being.
Ultimately, effective enforcement is about more than collecting payments—it’s about creating stability and promoting a healthy co-parenting environment centered on the child’s best interests. At The Law Office of Bryan Fagan, PLLC, our attorneys help parents navigate the enforcement process with professionalism, compassion, and legal precision. To learn more about your rights and options under Texas law, visit our Texas Child Support Resource and discover how our firm continues to educate families and protect their futures across the state.
Keeping Communication Professional
Keeping communication professional is vital for effective co-parenting and enforcing child support agreements. Key points include:
- Custodial parents should communicate with the non-custodial parent about payment issues before taking legal action, maintaining a respectful and factual dialogue.
- Avoid informal ‘side deals’ outside the court order to ensure all agreements are legally enforceable.
- Reducing the risk of misunderstandings by adhering to formal agreements.
Professional communication helps ensure compliance with court orders and fosters a cooperative co-parenting environment. Utilizing co-parenting applications can also enhance coordination and accountability between parents, ensuring compliance with court orders and the agreement.
Conclusion:
Parenting after divorce isn’t easy—you’re balancing schedules, emotions, and responsibilities while trying to give your child the stability they need to thrive. But here’s the good news: enforcing child support isn’t about conflict; it’s about consistency. It’s about ensuring your child has the tools, structure, and peace of mind to focus on what really matters—their growth, happiness, and education.
At The Law Office of Bryan Fagan, PLLC, we’ve seen how taking action to secure child support can transform a family’s future. When finances stabilize, kids sleep better, grades improve, and the tension at home begins to fade. You deserve that peace of mind—and your child deserves that foundation of support.
If you’re struggling to collect payments or unsure what steps to take next, don’t face it alone. Our Houston-based family law team is here to help you navigate the process with clarity, compassion, and strength. Schedule a consultation today and let’s work together to protect your child’s future—because every child deserves a fair chance to succeed, and every parent deserves the confidence of knowing they made it happen.
And maybe tonight, when the backpacks are packed and the homework’s done, you’ll be able to take a deep breath, knowing you’re one step closer to building the stability your family deserves.
Frequently Asked Questions
Yes. Texas law provides multiple enforcement tools under the Texas Family Code, including wage garnishment, license suspension, property liens, tax refund intercepts, and even contempt of court. Courts take nonpayment seriously, and enforcement ensures that children receive the consistent financial support they deserve.
A motion to enforce is a legal filing asking the court to confirm missed payments, calculate arrears, and order remedies like payment plans, wage withholding, or contempt sanctions. It must clearly list which payments were missed and what relief the parent is requesting. Filing correctly is crucial for the court to act quickly.
As of 2025, no sweeping new law has changed how child support is enforced. Texas still uses Chapters 154 and 157 of the Family Code to guide calculations and enforcement. However, procedural updates or administrative rules may evolve, so it’s best to check with an experienced family law attorney or the Texas Attorney General’s Child Support Division for the latest guidance.
Violating a court-ordered custody or possession schedule can lead to serious consequences. The court may order make-up time, modify the existing order, or find the parent in contempt. Repeated or severe violations can even affect future custody arrangements. Document each incident carefully and speak with a family law attorney before taking action.
There’s no specific amount or number of days that automatically triggers a warrant. A warrant (called a “capias”) may be issued when a parent is served and fails to appear in court or when the court finds willful nonpayment. Even before reaching that stage, administrative penalties like license suspension or credit reporting may already be in play.
The term “deadbeat dad law” refers to criminal nonsupport under Texas Penal Code §25.05. It makes it a state jail felony to intentionally or knowingly fail to provide court-ordered child support. While these cases are less common than civil enforcement, the threat of prosecution often motivates compliance. Civil enforcement remains the faster, more common route.
File as soon as you notice a pattern of missed payments. Waiting too long can make it harder to collect arrears and interest. Have clear proof of nonpayment—such as payment records or communications—and consult an attorney to ensure your motion includes all required details. Acting early helps protect your child’s stability and financial well-being.
There’s no set dollar threshold. What matters is whether a parent intentionally or knowingly failed to pay. Under Penal Code §25.05, criminal nonsupport can result in state jail felony charges. However, most cases are resolved through civil enforcement before they reach that level.
Yes, you can—but it’s not easy. Contempt filings are technical and must meet strict procedural requirements. Missing a detail can delay your case or get it dismissed. Hiring a Texas family law attorney increases your chances of success and helps you avoid costly mistakes, ensuring that payments resume and your child’s needs are met.
