How Texas Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Texas, each late payment is a final judgment, a lien arises on your property, licenses can be suspended at three months of overdue support and contempt is possible.
What happens if you don’t pay child support in Texas?
Each payment not timely made is a final judgment for the amount due, including interest (Tex. Fam. Code 157.261), and a child support lien arises by operation of law against your real and personal property for all amounts due, including accrued interest, subject to the perfection rules (157.312).
How much can Texas take from my paycheck?
Withholding is the main tool and is capped by federal law at 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)). A child support lien itself cannot be directed to an employer to attach disposable earnings (157.312(g)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a license be suspended?
A court or the Title IV-D agency may suspend a license if you owe overdue support equal to or greater than three months of support, have been given an opportunity to make payments under a court-ordered or agreed repayment schedule and have failed to comply (232.003(a)). The chapter also covers suspending or not renewing a motor vehicle registration; read the notice and hearing rules before the deadline.
Can I go to jail?
A contempt motion can be filed until the second anniversary of the date the child becomes an adult or support ends (157.005(a)). You may defend on inability to pay: lacking the ability, property to sell or pledge, any success borrowing and any source of funds (157.008(c)).
Can the other parent take my income through a lien?
No. A child support lien cannot be directed to an employer to attach disposable earnings; wages are reached through withholding instead (157.312(g)).
Can they take my federal tax refund?
Credits for arrears collected from a federal tax refund are reflected in confirmed arrearages, and if the credit is later reduced the court renders a new cumulative judgment for the difference (157.263(c)). Ask for the ledger.
Can I fix the order instead?
Yes, but only for later periods. The court may not reduce or modify arrears when confirming them, though it may allow a counterclaim or offset (157.263(b-3)). File to modify the going-forward amount and serve right away.
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Texas arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, ask the court or agency for a repayment schedule before a license hearing, add up the balance in the Texas child support arrears calculator and, if your circumstances changed, file to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Texas?
Each late payment is a judgment, a lien arises, wages can be withheld and licenses can be suspended.
How much of my paycheck can Texas take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
Can Texas suspend my license for unpaid child support?
Yes, at three months of overdue support after a repayment schedule is not followed.
Can I defend a Texas child support contempt case?
Yes, by proving you lacked the ability to pay, had no property to sell or pledge and could not borrow.
When can the passport of a Texas parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- Tex. Fam. Code 157.265: accrual of interest
- Tex. Fam. Code 157.261: unpaid support as judgment
- Tex. Fam. Code 157.263: confirmation of arrearages
- Tex. Fam. Code 157.312: child support lien
- Tex. Fam. Code 157.005: time limitations
- Tex. Fam. Code 232.003: suspension of license
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Texas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Texas attorney.