Texas law gives courts and the state powerful tools to collect overdue child support — from automatic wage withholding to contempt of court. Here's how each mechanism works.
Every Texas child support order entered after January 1, 1994 is required to include an income withholding order (sometimes called a wage withholding order). Under Texas Family Code §158.001 et seq., the employer of the obligor must withhold child support directly from the obligor's paycheck and remit it to the Texas State Disbursement Unit (SDU).
Wage withholding is the most reliable enforcement tool because it operates automatically without the receiving parent needing to take any action. Problems arise when the obligor is self-employed, works in cash, changes jobs frequently, or works for an employer outside Texas.
Texas may suspend an obligor's professional, occupational, or driver's license if support is delinquent. Under Texas Family Code §232.001 et seq., a license may be suspended when the obligor owes more than three months of child support or has failed to comply with a subpoena related to paternity or support proceedings.
Licenses subject to suspension include:
License suspension is administered through the Texas Office of the Attorney General's Child Support Division in coordination with the relevant licensing agencies. The obligor receives notice and an opportunity to cure before suspension takes effect. Paying arrears or entering a payment plan can result in reinstatement.
If an obligor fails to pay child support in violation of a court order, the receiving parent can file a Motion for Enforcement and request that the court hold the obligor in contempt. Under Texas Family Code §157.001 et seq., an obligor who is found in contempt may face:
Contempt proceedings require proper service on the obligor (the obligor must have actual notice and an opportunity to appear before being held in contempt and confined). Courts take child support contempt seriously — non-payment is not treated as a civil financial matter but as defiance of a court order.
The Texas Office of the Attorney General (OAG) Child Support Division provides free enforcement services for all child support orders in Texas. The OAG can:
The OAG Child Support Division offers a broad range of enforcement tools for free. However, the OAG handles extremely high case volumes and has limited capacity for personalized attention. If your case involves any of the following, a private attorney may be significantly more effective:
Lynda Landers files enforcement actions in Collin County courts on behalf of parents who need faster, more targeted results than the OAG can typically provide. Many clients pursue both channels simultaneously — using the OAG for ongoing collection while retaining private counsel for contempt proceedings.
Unpaid child support becomes a judgment by operation of law as each payment comes due. That means each missed payment is automatically a legal debt, and interest accrues at 6% per year under Texas Family Code §157.265. Courts cannot forgive or reduce this debt retroactively.
Tools for collecting arrears include:
Learn more about arrears, interest, and the 10-year collection window →
If the obligor lives abroad or has assets in another country, enforcement becomes significantly more complex. The United States has reciprocal agreements with many countries under the Uniform Interstate Family Support Act (UIFSA) and various treaties. Countries participating in the Hague Convention on International Recovery of Child Support may recognize and enforce U.S. child support orders.
For cross-border enforcement, the OAG's central registry handles international cases, but private attorneys with experience in international family law can often move more efficiently through the required channels. Countries that do not have treaties with the U.S. may present significant barriers to enforcement.
Wage withholding doesn't work for self-employed obligors in the traditional sense. Alternative tools include: bank account levies, liens on business property, intercepting business receivables, contempt proceedings, and license suspension. The OAG and courts treat self-employment as a complicating factor, not an exemption from enforcement.
No — enforcement is handled through legal process, not direct employer contact. If an income withholding order is already in place, the OAG or your attorney can contact the employer to ensure compliance or update the order.
Willful failure to pay child support is a crime under both Texas and federal law for chronic, significant non-payers. However, most routine enforcement is handled civilly through family courts and the OAG. Criminal prosecution under Texas Penal Code §25.05 is generally reserved for cases involving extended non-payment and an obligor who clearly has the ability to pay.
Yes. Under UIFSA, every state must give full faith and credit to valid child support orders from other states and enforce them as if they were their own. The OAG's Reciprocal Enforcement division handles interstate cases; you can also register the Texas order in the obligor's home state court and enforce it there.
OAG Child Support Division provides free enforcement. Private attorneys can move faster in complex cases.
A private enforcement action — combined with OAG resources — can move faster when you need results. Lynda Landers handles contempt proceedings in Collin County courts.
You have strong legal tools available. A consultation with Lynda Landers can identify the fastest and most effective enforcement path for your situation.
Schedule a Consultation Call (972) 529-5707