Interest on Unpaid Texas Child Support: How 6% Annual Interest Can Double Your Debt and What You Can Do About It

Have you ever had one of those moments where life feels like it’s finally settling down—only for a single envelope in the mail or message from the Texas Attorney General’s Office to knock the wind out of you? That’s exactly what happened to Daniel, a Houston father who thought he was only a few months behind on child support. Instead, he learned that the missed payments had quietly grown with Interest on Unpaid Texas Child Support, turning what he believed was a manageable setback into a financial crisis he never saw coming.

His story isn’t uncommon. After a divorce, families often juggle new routines, new budgets, and new emotional realities. Add in the stress of Texas’s 6% simple interest on delinquent support under Texas Family Code §157.265, and even the most well-meaning parent can feel overwhelmed, ashamed, or unsure of how to get back on track. These moments can strain co-parenting relationships, create tension during exchanges, and make everyday life—from scheduling to simple conversations—far more emotional than they need to be.

At The Law Office of Bryan Fagan, PLLC, we recognize that child support issues aren’t just legal complications; they’re deeply human ones. Guided by our mission—to empower people to reclaim freedom and peace of mind during life’s hardest transitions—we offer compassionate counsel grounded in real Texas courtroom experience. Led by Bryan Joseph Fagan, a South Texas College of Law graduate and respected authority on Texas custody and divorce law, our team helps parents understand not only what the law requires, but how to navigate those requirements in a way that protects relationships, reduces conflict, and restores stability.

In this article, you’ll learn exactly how child support interest works, why it accumulates the way it does, and what steps you can take to prevent a temporary hardship from becoming a long-term crisis. You’ll also gain insights into how Texas judges evaluate stability under Texas Family Code §153.002, and how thoughtful legal strategy can support healthier co-parenting and a stronger foundation for your family’s future.

If you’re feeling stressed, uncertain, or afraid of what the numbers mean—you’re not alone. And you’re in the right place. Let’s walk through this together so you can move forward with clarity and confidence.

Key Takeaways

• Texas charges 6% simple interest annually on delinquent child support under Texas Family Code § 157.265, beginning from the date support becomes delinquent
• Interest accumulation often triggers aggressive enforcement actions including wage garnishment, asset seizure, and license suspension when combined debt reaches certain thresholds
• Interest generally cannot be waived through agreement between parents – it’s imposed by law, not by negotiation
• Strategic payment plans and immediate legal intervention can help prevent interest from spiraling out of control and may reduce long-term financial damage
• A new law reducing interest to 3% will take effect January 1, 2026, but won’t affect existing judgments or pre-2026 arrears

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Understanding Texas Child Support Interest Laws

Under Texas law, the Interest on Unpaid Texas Child Support is not a discretionary penalty—it is a mandatory legal consequence triggered under Texas Family Code §157.265. The moment a child support payment becomes delinquent, interest begins to accrue automatically, even if no enforcement action has been taken and even if you have not yet received a notice from the Office of the Attorney General. From day one of a missed or underpaid installment, Texas law treats that amount as past due, and statutory interest begins to accumulate on top of the principal arrears.

Texas currently applies 6% simple interest per year to delinquent child support, a rate that has been in place since 2002 and remains applicable to payments that become overdue prior to future statutory changes. Simple interest means the percentage applies only to the unpaid principal amount—not prior interest—but over time the total can still grow quickly, especially when multiple payments become delinquent across different months. Many parents are surprised to learn how rapidly these balances increase, and how they can affect enforcement actions ranging from wage withholding to driver’s license suspension. If license-related issues are part of your situation, you can learn more through our resource on how to get your license back when you owe child support.

Because interest accrues from the original due date of each missed payment—not from the date the State initiates enforcement—parents may unknowingly accumulate substantial arrears even during periods when they believe their case is dormant. This reinforces the importance of understanding how Texas Family Code §157.265 interacts with your payment history and current obligations. Our team at the firm is committed to helping parents understand these complexities so they can protect their financial stability and their future. For more guidance on navigating Texas child support requirements, we also offer educational articles like our overview of child support enforcement in Texas.

How Interest is Calculated: A Real-World Example

Understanding how Interest on Unpaid Texas Child Support grows over time is essential for any parent trying to regain financial stability. Texas Family Code §157.265 requires that delinquent child support accrue 6% simple interest annually, and that interest begins the moment each individual payment becomes overdue. To illustrate just how quickly arrears can increase, it helps to walk through a realistic example based on common situations our attorneys encounter at the firm.

Imagine a parent who owes $500 per month in child support but misses 36 consecutive payments over three years. This results in $18,000 in principal arrears. Because interest in Texas accrues on each payment from the date it becomes delinquent, the amount owed grows month after month. Using the statutory formula found in §157.265, the average time delinquent across the three-year period is approximately 1.5 years. Applying the 6% annual simple interest rate to $18,000, the resulting interest totals $1,620. This means the parent now owes $19,620 instead of the original $18,000. In reality, interest is calculated individually for every missed payment based on the exact number of delinquent days, which can make the overall total even higher depending on the pattern of missed payments.

Texas law calculates interest using the formula: Interest = Principal × 0.06 × (days delinquent ÷ 365). This statutory requirement continues to apply until the arrears are fully paid or legally resolved, and it reflects the Texas Legislature’s intent to ensure that support for children remains consistent and enforceable. Importantly, even modest payments toward arrears can reduce the long-term financial impact. For example, if the parent had paid even $100 per month during the delinquent period, the principal would have been reduced by $3,600, cutting interest substantially by lowering the balance on which the 6% rate applies.

Parents facing significant arrears often feel overwhelmed, but understanding how these numbers work—and how Texas law applies interest—is the first step toward regaining control. Our attorneys regularly help parents explore payment strategies, confirm arrearage amounts, and correct accounting errors so they can move forward with clarity and confidence. For more guidance on managing back child support, you can review our resource on dealing with child support arrears and back payments, which explains additional options available under Texas law.

Why Interest Becomes a Major Problem for Texas Families

The effects of Interest on Unpaid Texas Child Support reach far beyond a growing balance on paper. Under Texas Family Code §157.265, unpaid support automatically accrues interest, and over time this added cost can create significant financial and emotional strain for every member of a family. For custodial parents who rely on consistent child support to meet daily needs—from groceries to school expenses—rising arrears mean fewer resources available for their children. And as interest continues to accumulate, recovering the full amount becomes increasingly difficult, which can deepen financial insecurity for households already stretched thin.

For noncustodial parents, the emotional impact is often just as heavy. Many already feel overwhelmed by their financial situation, and watching arrears increase despite efforts to pay can create a sense of defeat. A parent who sees a $20,000 balance rise to $25,000 due to interest may feel like they are running toward a finish line that keeps moving. This discouragement can lead to disengagement, avoidance, or even missed opportunities to negotiate or modify orders—choices that ultimately make the situation more challenging under Texas law.

Statewide, Texas carries more than $19 billion in unpaid child support, and a significant portion of that amount is driven by interest accumulating on original principal obligations. This creates a cycle in which collection becomes more difficult, enforcement actions become more aggressive, and the financial burden becomes harder for parents to overcome. These enforcement measures—covered extensively in our resource on the consequences of unpaid child support in Texas—are designed to protect children but can feel overwhelming for parents who are genuinely trying to regain stability.

As one of Texas’s leading family law firms, our team works closely with parents to interrupt this cycle. With clear legal guidance, strategic planning, and a compassionate understanding of the pressures families face, it is possible to address arrears, correct misunderstandings, and explore lawful options for relief. Families deserve a path forward—one that protects children while giving parents the support they need to move toward financial stability and a healthier future.

The Psychological Impact of Growing Debt

The emotional weight of mounting that comes with growing Interest on Unpaid Texas Child Support reaches far beyond the financial ledger. When arrears accumulate under the mandatory interest rules set by Texas Family Code §157.265, many noncustodial parents begin to feel as though the debt is impossible to overcome. This sense of overwhelm can cause parents to withdraw—not because they don’t love their children, but because they fear they can no longer provide, connect, or participate meaningfully in their child’s life while facing mounting financial pressure.

Research consistently demonstrates that financial stress is one of the strongest predictors of anxiety, depression, and strained relationships. When a parent feels buried by debt, their emotional availability and parenting capacity naturally begin to diminish. Over time, this can erode communication, disrupt visitation, and strain co-parenting relationships in ways that Texas family courts work hard to prevent. Child support laws exist to protect children, yet unmanaged interest can sometimes damage the very connections the system aims to support.

Understanding how Texas calculates support obligations is a key part of easing this burden. The state uses income-based formulas under Texas Family Code Chapter 154 to determine fair and lawful payment amounts, and knowing how these guidelines work can restore a sense of control for parents who feel overwhelmed. For a deeper look at how support payments are calculated at different income levels, our firm provides a helpful guide on how Texas determines child support payment amounts.

As one of Texas’s most trusted family law teams, the attorneys at The Law Office of Bryan Fagan, PLLC understand how quickly debt-related stress can impact parent-child relationships. We routinely help families navigate both the financial and emotional challenges of child support orders, from correcting account errors to exploring lawful options for relief. With compassionate guidance, realistic planning, and a clear understanding of Texas law, parents can protect their relationships, regain confidence, and move forward with a renewed sense of stability and hope.

How Interest Accumulation Triggers Enforcement Actions

The Office of the Attorney General is responsible not only for collecting ongoing support but also for enforcing all past-due child support, including the Interest on Unpaid Texas Child Support that accumulates under Texas Family Code §157.265. When arrears grow—sometimes quietly, sometimes rapidly—parents may unknowingly cross thresholds that trigger progressively stronger enforcement measures. These measures exist to ensure children receive the support the law promises, but they can feel overwhelming for parents already facing financial hardship. To better understand the purpose behind these laws, our article on why Texas child support enforcement exists offers helpful context about how the state balances accountability with a child-focused mission.

Once arrears reach certain levels, enforcement tools authorized under the Texas Family Code and state policy may include wage garnishment, which can claim a substantial portion of disposable income; seizure of bank accounts or other assets following a judgment; and the suspension of driver’s licenses, professional licenses, and even recreational licenses. Federal and state tax refunds may also be intercepted to reduce outstanding balances. In more severe cases, contempt proceedings may be initiated, and when the total amount of unpaid support—including statutory interest—reaches felony levels, criminal nonsupport proceedings may follow.

Ironically, these enforcement actions often make it even harder for parents to regain financial stability. A parent whose driver’s license has been suspended, for example, may struggle to get to work or secure new employment, worsening the very arrears that triggered the suspension. The Texas Family Code is designed to prioritize the needs of children, but it also recognizes the importance of helping parents stay employable and engaged in order to meet their obligations.

This is why early legal intervention matters. At times, enforcement can be redirected or modified, payment plans can be negotiated, and parents may pursue options to address arrears, including exploring whether any portion may be legally resolved under Texas law. Our firm provides guidance on these issues, including resources on how child support arrears may be dismissed or reduced in Texas, helping parents take action before enforcement becomes more restrictive.

As a trusted advocate for Texas families, The Law Office of Bryan Fagan, PLLC works to ensure that enforcement does not become a barrier to stability. With the right legal support, parents can navigate enforcement actions, correct misunderstandings, and move toward a more manageable and hopeful financial future.

Common Misconception: Can Parents Waive Interest?

One of the most dangerous misconceptions about child support interest is that it can be easily negotiated away or waived through agreement between parents. Unfortunately, this is rarely true under Texas law.

Interest on child support arrearages is governed by statute, not by private agreement. Texas Family Code § 157.265 makes interest automatic and mandatory – courts generally cannot simply decide to waive years of accumulated interest because they feel sympathetic to a struggling parent’s situation.

Limited exceptions and scenarios where interest might be addressed:

• Custodial parent agreement: In some cases, if arrears are owed directly to the custodial parent (not to the state), they may agree to waive certain interest amounts as part of a broader settlement
• State involvement complications: When the state has provided public assistance and is owed reimbursement, the state’s agreement is required for any interest waiver, and such agreements are rare
• Negotiated settlement programs: Occasionally, jurisdictions offer limited amnesty or settlement programs, but these are policy-driven exceptions, not legal rights

What this means practically: You cannot go to court and simply ask a judge to eliminate interest because you’ve been struggling financially. The interest is considered part of the support owed for the benefit of the child, and courts are bound by statutory requirements to enforce it.

However, this doesn’t mean you’re without options. Strategic legal intervention can help structure payment plans, pursue modifications that prevent future interest accumulation, and in some cases, negotiate comprehensive settlements that address both principal and interest in a manageable way.

Actionable Strategies for Managing Interest on Child Support Arrears

When Interest on Unpaid Texas Child Support begins to build, it can quickly turn a manageable setback into a financial crisis. Acting early is one of the most powerful steps a parent can take. Under Texas Family Code §157.265, interest accrues automatically on each delinquent payment at 6% simple interest per year—a rate that will drop to 3% for future obligations beginning January 1, 2026, under the most recent statutory update. Understanding how this law applies to your situation can help you take informed steps to regain control before arrears spiral further.

If you are already behind, contacting the Texas Attorney General’s Child Support Division immediately is crucial. The sooner you communicate, the more options you typically have. Many parents are surprised to learn that the OAG can establish payment plans that reduce pressure and prevent additional enforcement actions. Reaching out early also allows you to address any potential inaccuracies in your payment record before interest continues accumulating unnecessarily.

A change in financial circumstances may also justify filing for a modification. While a modification cannot erase existing arrears or the interest tied to them, it can prevent new principal balances from forming. This is especially important because every missed payment triggers its own interest accrual timeline under §157.265. Parents experiencing job loss, illness, or other major life changes should not delay in seeking relief. Our attorneys frequently assist clients with these filings to ensure the court has accurate information about their current abilities and needs.

Automatic payments offer another proactive path forward. Even modest monthly payments can significantly reduce long-term interest because they lower the principal on which new interest is calculated. For example, a consistent $100 monthly payment on a larger arrearage may save a parent thousands over time. The key is consistent action—showing both the court and the OAG that you are taking responsibility and working toward compliance.

In some cases, long-term planning is necessary to address errors or negotiate solutions. Child support accounting is not perfect, and mistakes in how arrears and interest are applied do occur. A knowledgeable family law attorney can audit your account, verify whether interest has been calculated correctly across different periods, and challenge any discrepancies. For parents exploring whether any portion of their arrears may be reduced or resolved, our team provides strategic guidance grounded in current Texas law. You can learn more about potential relief options by reviewing our resource on how child support arrears may be dismissed or resolved in Texas.

Structured negotiations may also offer pathways to relief when all involved parties—including the State of Texas when applicable—agree to participate. While the law does not allow parents to unilaterally waive statutory interest, comprehensive settlement negotiations can lead to manageable solutions that support both parents and children. With the upcoming reduction in interest rates taking effect in 2026 for new delinquencies, strategic timing of certain actions may also benefit parents who are taking steps to resolve arrears responsibly.

At this stage of the process, support from experienced legal counsel can make a profound difference. The professionals at our firm regularly help parents clarify their obligations, correct account errors, pursue modifications, and develop realistic plans for moving forward. No matter how overwhelming your situation may feel, you are not alone—and you have options.

Prevention Strategies for Current Obligors

Preventing Interest on Unpaid Texas Child Support from building in the first place is one of the most effective ways to protect your financial stability and avoid future enforcement complications. Under Texas Family Code §157.265, even a single missed payment begins accruing statutory interest, which continues to grow until the delinquency is fully resolved. Setting up automatic payments—whether through bank draft or payroll deduction—is one of the simplest ways to ensure consistency and compliance. It removes the risk of forgotten deadlines or delayed payments and creates a reliable pattern the courts and the Office of the Attorney General (OAG) view favorably.

Equally important is maintaining thorough documentation of every child support payment you make. Keeping organized records of dates, amounts, transaction confirmations, and the method of payment becomes invaluable if questions arise regarding your balance or interest calculations. Discrepancies do occur in OAG accounting systems, and having your own records allows your attorney to verify whether arrears and interest have been calculated properly under §157.265 and other applicable provisions of the Texas Family Code.

Regularly monitoring your child support account is another essential long-term safeguard. By checking your balance through the OAG’s online portal or contacting their office, you can quickly identify any unexpected changes, errors, or newly assessed interest. Addressing issues early prevents small administrative problems from turning into larger financial setbacks. Staying proactive is especially important with Texas’s upcoming shift to a 3% interest rate for new delinquencies beginning in 2026, a change that may affect how you plan future payments.

For parents who are already facing significant arrears or seeking ways to resolve past delinquent balances, our team provides detailed guidance on available options. You can explore these in our resource on how to terminate or reduce child support arrears in Texas, which discusses potential remedies based on the latest updates to Texas law.

At every stage of this process, the attorneys at our firm are committed to offering compassionate support and clear legal direction. By staying organized, informed, and proactive, you can reduce stress, avoid unnecessary interest, and move closer to long-term financial stability for yourself and your family.

Law Office of Bryan Fagan PLLC: Your Partner in Child Support Solutions

At The Law Office of Bryan Fagan, PLLC, we know that issues involving Interest on Unpaid Texas Child Support are never just about numbers on a page. They affect your stability, your relationships, and your ability to care for your children. Texas Family Code §157.265 mandates how interest accrues on delinquent support, and when that interest begins to grow, it can place enormous strain on both custodial and noncustodial parents. Our firm’s mission is rooted in educating families and protecting futures, which means helping you understand the law while supporting you through the human challenges that accompany it.

Our extensive experience handling child support enforcement, modifications, arrears, and complex interest disputes has shown us that no two families face the same circumstances. Some parents come to us overwhelmed by the mounting balance caused by statutory interest, while others are custodial parents struggling because unpaid support makes day-to-day expenses nearly impossible to meet. In both situations, our attorneys approach each case with empathy, creativity, and a deep understanding of how Texas Family Code provisions—including Chapter 154 on support guidelines and §157.265 on interest—apply to your specific facts. When parents understand their rights and responsibilities, they are empowered to move forward with clarity rather than fear.

Over the years, our legal team has helped families restructure burdensome child support debt, correct state accounting errors, negotiate realistic settlements, and explore lawful options that allow parents to regain control of their financial lives. These solutions not only reduce stress today but also help preserve long-term parent-child relationships by preventing financial hardship from becoming emotional distance. We view your child’s well-being as the anchor point of every legal decision, because stability—not conflict—is what allows children to thrive.

We also provide ongoing education and resources to ensure that families remain informed as Texas child support laws evolve. For more guidance on how support is calculated, enforced, and modified in Texas, you can explore our comprehensive Texas Child Support Resource, which breaks down the latest statutory updates and practical steps parents can take.

By understanding the perspectives and challenges of both custodial and noncustodial parents, our firm is able to craft balanced, effective strategies that support families as a whole. We believe the best outcomes emerge when legal guidance aligns with real-world needs, and we are committed to helping you find solutions that restore stability, reduce conflict, and protect your family’s future.

Checklist: Managing Interest on Unpaid Texas Child Support

When Interest on Unpaid Texas Child Support begins to accumulate, clarity and organization are essential. Parents often feel overwhelmed by arrears, but taking thoughtful, informed steps can make a meaningful difference. Under Texas Family Code §157.265, interest accrues automatically on delinquent support at 6% per year—dropping to 3% for new delinquencies starting January 1, 2026. Knowing how to evaluate your situation and what actions to take can help you regain control and protect your long-term financial stability.

A helpful first step is assessing exactly what you owe. This means identifying both the principal amount of past-due support and the interest that has accrued under §157.265. Gather your payment records, prior court orders, and any correspondence from the Office of the Attorney General (OAG). With this information in hand, contact the child support office to request a current account statement and confirm that all payments have been properly credited. If your financial situation has changed—whether due to job loss, illness, or other hardships—make note of these changes, as they may support a request for modification of future obligations.

Planning strategically can reduce long-term stress and potentially lower the cost of resolving arrears. Some parents qualify for income-sensitive payment arrangements through the OAG, which can help prevent new delinquencies from forming. Setting up automatic payments is another practical strategy, ensuring that future support payments are made on time and preventing new interest from accruing. If your circumstances have changed substantially, a modification of your ongoing support obligation may also be appropriate. Because arrears and interest calculations can be complex, a consultation with a Texas family law attorney is extremely valuable—especially if you believe your balance includes accounting errors, misapplied payments, or improperly calculated interest. For more insight into potential solutions, our firm provides additional guidance in our article on how child support arrears may be dismissed or addressed in Texas.

Looking ahead, long-term protection measures can help you avoid repeated cycles of delinquency. Maintaining detailed documentation of all communications with enforcement agencies and keeping organized records of every payment ensures that you have a clear picture of your account. Regularly monitoring your balance can help you identify discrepancies early and address them before they grow. Staying informed about changes to Texas child support laws—including the transition to 3% interest for new delinquencies beginning in 2026—allows you to make decisions with confidence. Establishing an emergency fund, even a small one, can provide a buffer against unexpected expenses that might otherwise lead to missed payments.

Parents facing arrears often feel isolated or discouraged, but you do not have to navigate this alone. The attorneys at the firm are committed to helping families understand their rights, identify realistic solutions, and rebuild financial stability. With the right support and a clear plan, you can move forward with confidence and protect both your future and your child’s.

Conclusion

When you’re navigating something as personal and stressful as child support, custody, or the financial ripple effects of divorce, it’s easy to feel like you’re carrying the weight of it alone. But understanding how Texas law works—and how tools like child support interest, modifications, or thoughtful co-parenting agreements fit into the bigger picture—can give you a sense of control again. That clarity is often the first step toward rebuilding stability, reducing conflict, and creating a healthier future for your family.

If reading this has sparked a few questions or given you that small feeling of “Okay… maybe I can handle this,” that’s a good thing. Knowledge is power, but support is what turns that power into real change. And you don’t have to figure it out without guidance. Working with an experienced Texas family law attorney can help you sort out the legal issues, understand your options, and build a plan that supports both your peace of mind and your child’s well-being.

Every family’s story is different, and yours deserves solutions tailored to its unique challenges. Whether you’re catching up on child support, considering a modification, or simply trying to make life a little smoother for your kids, the right help can make all the difference. If you’re ready for clarity, direction, or even just a conversation about what comes next, The Law Office of Bryan Fagan, PLLC is here to walk through it with you.

And as you move forward, remember this: progress doesn’t always come in big dramatic moments. Sometimes it’s just one clear decision, one honest conversation, or one step toward getting answers. Whenever you’re ready to take that step, we’re ready to help.