Unpaid child support accumulates as a legal judgment. Texas law is strict: courts cannot forgive arrears retroactively, and interest runs at 6% annually. Here is what you need to know.
Child support arrears — also called "back child support" or a child support arrearage — are past-due amounts that have not been paid under a court-ordered child support obligation. Under Texas law, each monthly payment that comes due under a child support order and is not paid becomes a judgment by operation of law. The receiving parent does not need to obtain a separate court judgment for each missed payment; the arrears accumulate automatically.
Texas Family Code §157.263 provides that a child support order may be confirmed as a judgment for all past-due amounts. This means arrears have the same legal status as a money judgment entered by a court — the obligee (receiving parent) can enforce them through liens, levy, and other judgment-collection tools.
Under Texas Family Code §157.265, interest accrues on child support arrears at 6% per year, simple interest, from the date each payment was due. This interest compounds on the judgment amount when the arrears are formally confirmed by the court.
Annual simple interest rate on child support arrears under TFC §157.265. Interest begins running from the date each payment was due — not from the date of a court order confirming arrears.
On a $30,000 arrearage, 6% annual interest equals $1,800 per year in additional debt. Over five years without payment, the interest alone adds $9,000. This is why arrears that go unaddressed for years can grow into amounts that are difficult for even a motivated obligor to ever fully repay.
This is one of the most frequently misunderstood areas of Texas child support law. The answer is: a court cannot retroactively modify, reduce, or eliminate arrears that have already accrued.
Texas Family Code §157.262 expressly prohibits a court from rendering an order that reduces or modifies the amount of child support arrears accrued under an order that was in effect at the time payments came due. This applies even if the obligor's income dropped dramatically, even if the obligor was in prison, and even if the child was living with the obligor during the period of non-payment (though the last situation is addressed through a different motion).
The prohibition on retroactive reduction reflects a policy judgment: child support arrears are owed to the child (or to the State if the child received public assistance), and the court cannot simply erase a debt that represents care the child needed and did not receive.
While a court cannot reduce arrears, the obligee (the parent owed money) can privately agree to accept less than the full amount in full satisfaction of the debt — but only if:
Such agreements are often formalized as an Agreed Order Confirming Arrears (with a reduced amount agreed upon) or a written compromise agreement. Courts will generally honor them, but they must be carefully drafted. If the state has an interest in the arrears — because the obligee or child received TANF, Medicaid, or other benefits — the state's claim cannot be waived by the obligee alone.
Child support arrears give the obligee the right to place liens on the obligor's real and personal property. Under Texas Family Code §157.312, a child support lien attaches to all real property owned by the obligor in the county where it is recorded. A lien prevents the obligor from selling or refinancing the property without first satisfying the lien.
Liens can be placed on:
The Texas OAG can record child support liens automatically in many cases; a private attorney can file liens in specific counties where the obligor owns property.
Federal law (42 U.S.C. §652(k)) requires the State Department to deny, revoke, or restrict U.S. passports for individuals who owe more than $2,500 in child support arrears. The OAG submits certified arrears to the federal government; the State Department then notifies the obligor.
This tool is particularly effective when the obligor has assets abroad, travels internationally for work, or is attempting to relocate internationally. Passport denial can only be lifted by paying the arrears below $2,500 (or entering a qualifying payment plan as certified by the state agency).
Texas has a 10-year statute of limitations for bringing a court action to enforce a child support judgment under Texas Family Code §157.005. The 10-year period runs from the date the child turns 18 (or the date the support obligation ends, whichever is later). This means:
If a child turns 18 in 2020, the receiving parent has until 2030 to file an enforcement action to collect unpaid arrears. After that date, the court-enforcement mechanism may be barred — though the underlying debt may remain.
Note: This limitation applies to court enforcement proceedings. Private collection of arrears through voluntary payment is not time-limited in the same way. The statute of limitations can also be tolled (paused) in some circumstances; consult an attorney for cases approaching the deadline.
The 10-year statute of limitations makes timely enforcement critical. Waiting years to pursue unpaid support means the debt grows with interest — and approaches the window after which court enforcement becomes unavailable.
When the state does not have a claim on the arrears, private negotiation between the parties is sometimes the most practical path — especially when the obligor genuinely cannot pay the full accumulated amount but is willing to pay something. A negotiated resolution might include:
Any private settlement of arrears should be documented in a written agreement and, where possible, in a court order to prevent future disputes about what was settled. Lynda Landers can advise on whether a proposed settlement is legally sound and in your interest.
Incarceration does not automatically suspend child support. Unless the obligor filed a petition to modify during imprisonment and the court entered a temporary reduction order, arrears continue to accumulate during incarceration. However, many states — including Texas — allow a retroactive modification to be considered in appropriate circumstances. Consult an attorney; the outcome depends heavily on when the modification petition was filed and what the court finds.
No. Child support arrears are classified as "domestic support obligations" under federal bankruptcy law and are explicitly non-dischargeable. A Chapter 7 or Chapter 13 bankruptcy does not eliminate child support debt. Chapter 13 may allow an obligor to pay arrears through a reorganization plan over time, but the obligation survives bankruptcy in full.
No. Arrears owed before the child turns 18 remain fully collectible after the child is an adult. The obligation to pay current support ends (typically at 18 or upon graduation from high school, whichever is later), but unpaid arrears do not disappear. The obligee has up to 10 years after the support obligation ends to file an enforcement action.
Overpayments are not automatically credited against future support. If you paid more than the ordered amount in a given month, that overpayment may or may not be credited against a future month's obligation, depending on how the order is written and how the payments were applied. Disputes about overpayment credits should be addressed by a court motion — informal arrangements do not protect you legally.
Interest rate: 6% per year (TFC §157.265)
Retroactive reduction: Courts cannot reduce accrued arrears (TFC §157.262)
Passport denial: Triggered at $2,500 in arrears
Statute of limitations: 10 years after support obligation ends (TFC §157.005)
Bankruptcy: Child support arrears are NOT dischargeable
Private waiver: Possible if state has no claim — must be in writing
Whether you're owed arrears or believe you've been incorrectly credited, Lynda Landers can review the payment record and advise on your options.
Interest accumulates daily and enforcement windows are not unlimited. Get clear advice on what you're owed — or what options you have to address what you owe.
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