Courts generally cannot waive validly accrued child support, though the other parent may agree to compromise — and pre-judgment interest disputes can sometimes be resolved.
Updated for 2026 Texas Guidelines
Child Support Arrears in Texas: Back
Support, Interest, and Collection
Past-due child support doesn’t disappear. Here’s how arrears, interest, and money Judgments work in Texas — and what changed for 2026.
Reviewed by the Law Office of Bryan Fagan, PLLC
Last updated: June 2026
Key Facts
Arrears are unpaid, past-due child support. They keep accruing and can be reduced to an enforceable cumulative money judgment.
2026 interest change: Texas reduced interest on overdue support from 6% to 3% simple interest per year, effective for amounts due on or after January 1, 2026. Interest that accrued before that date stays at the old rate.
A court can confirm arrears and enter a money judgment if a motion is filed within 10 years after the support obligation terminates.
Child support arrears generally cannot be discharged in bankruptcy and survive even after the child turns 18.
What are child support arrears?
Arrears are the running total of missed or partial payments under a valid Texas child support order. They accrue automatically — no court action is required for the balance to grow. The State Disbursement Unit and the Office of the Attorney General (OAG) track the official balance.
Arrears are owed to the other parent — or to the State, if public assistance was paid on the child’s behalf.
Interest on back child support (the 2026 change)
Texas historically charged 6% simple interest per year on arrears. Under a 2025 law change, for payments due on or after January 1, 2026, the rate drops to 3% simple interest per year.
For balances that existed on January 1, 2026, interest accrued before that date remains under the old 6% rate, and the combined balance going forward accrues at 3%.
When the support was due
Interest rate on arrears
Before 1/1/2026
6% simple per year
On or after 1/1/2026
3% simple per year
Why this matters.
Interest compounds the cost of falling behind. Even at the lower 2026 rate, unpaid balances grow
steadily — addressing arrears early almost always costs less than waiting.
Cumulative money judgments and the 10-year window
A parent (or the OAG) can ask the court to confirm the total arrears and render a cumulative money judgment. Once entered, that judgment is enforceable like any civil judgment — liens, levies, wage withholding — and it continues to accrue interest.
The court retains jurisdiction to render that judgment if the enforcement motion is filed no later than the 10th anniversary after the child support obligation terminates under the order or by operation of law.
Importantly, you can still pursue arrears after the child turns 18. Texas permits arrears suits for up to four years after the child’s 18th birthday, and the 10-year-after-termination rule preserves long collection windows.
Retroactive child support
Don’t confuse arrears with retroactive support. Arrears are missed payments under an existing order. Retroactive support is support ordered for a period before any order existed — common in paternity cases.
Texas courts have discretion, guided by the child’s best interest. There is a general presumption that ordering up to four years of retroactive support is reasonable, though courts can go further where a parent knew of the child and avoided support.
Options if you owe arrears
- Contact the OAG to confirm the exact balance.
- Negotiate a realistic payment plan.
- Make sure income withholding is set up so current support is paid first.
- If your income has dropped, file to modify ongoing support immediately — modification is not retroactive, so unaddressed amounts keep adding up.
You generally cannot have legitimately accrued arrears “erased,” but the receiving parent can sometimes agree to compromise on accrued interest as part of a workable repayment arrangement.
Frequently Asked Questions
Does interest still accrue at 6% in Texas?
For amounts due on or after January 1, 2026, the rate is 3% simple interest per year. Arrears that accrued before that date keep their pre-2026 interest.
Can back child support be wiped out in bankruptcy?
No. Child support arrears are not dischargeable in bankruptcy.
Do arrears stop when my child turns 18?
No. The obligation to pay what’s already owed continues, and Texas allows collection for years afterward.
How long do I have to collect arrears?
You can seek a cumulative money judgment if you file within ten years after the support obligation terminates under the order or by operation of law.
Can a judge forgive the arrears I owe?
- Free Tool
Estimate your guideline support
Run the numbers with the 2026 Texas guidelines calculator — helpful before filing or defending an enforcement action.
Talk to an Attorney
Whether you’re owed or owe back support, our team can confirm the balance and set a realistic path forward.
What to do next
Behind on support, or owed support that never came? Our team can confirm the balance, pursue or defend a money judgment, and set a realistic path forward.
This guide provides general information about Texas law and is not legal advice. Every case is different. For advice about your situation, consult a licensed Texas family law attorney.
