What Happens If a Parent Fails to Pay Child Support?

For parents who rely on child support to provide for their children, missing payments can create serious financial hardships. However, for delinquent parents in Texas, the consequences can be far worse. For those struggling to comply with these mandatory court orders, it’s important to know what happens if a parent fails to pay child support.

Legal Obligations for Child Support in Texas

In Texas, child support is a court-ordered financial obligation that’s designed to help cover the basic needs of a child or children, and these basic needs include food, housing, education, and medical expenses. These payments aren’t optional. Once a child support order is in place, the paying parent must comply with all terms outlined by the court or face serious consequences.

Consequences of Failing to Pay Child Support

Failure to meet child support obligations in Texas can trigger a series of legal and financial penalties that can escalate if payments remain unpaid. Texas courts take child support enforcement seriously, and the state has many different mechanisms in place to make sure the paying parent remains compliant.

The consequences of nonpayment aren’t worth the risk, as they impact nearly every aspect of a parent’s life, from their ability to drive and work to their financial stability and personal freedom.

Wage Garnishment and Bank Levies

Child support payments are typically deducted directly from the paying parent’s paycheck through income withholding orders. However, if the parent becomes delinquent, additional wage garnishments may be imposed.

Beyond wages, the court can order funds to be withdrawn from other sources, including your:

• Unemployment benefits. A portion of your state unemployment compensation could be intercepted.
• Workers’ compensation payments. If a parent receives workers’ compensation, the state can collect child support from those benefits.
• Social Security benefits. Some types of Social Security benefits, like Social Security Disability Insurance (SSDI), can be garnished.
• Tax refunds. The Federal Treasury Offset Program allows the government to intercept federal tax refunds to cover unpaid child support.
• Bank accounts. If a parent’s bank account contains sufficient funds, the state could place a freeze or levy on those accounts until the unpaid support is paid.

These actions can make it extremely difficult for a delinquent parent to manage finances and meet other obligations, which can create significant financial strain.

Driver’s License and Professional License Suspension

If a parent is more than 90 days behind on child support payments, they face the risk of having their driver’s license suspended. This restriction, however, extends far beyond driving and applies to all types of licenses, including:

• Driver’s licenses. This prevents the parent from legally operating a vehicle.
• Professional licenses. Physicians, attorneys, real estate agents, and other licensed professionals could lose their ability to work unless they pay their child support.
• Hunting and fishing licenses. While these may seem minor, the inability to hunt or fish can impact those who rely on these recreational activities for food or business.

To reinstate a license, the parent must either pay the overdue support or establish a repayment plan with the court.

Passport Denial and Travel Restrictions

In order to combat delinquent child support payments, the U.S. State Department can deny passport applications for parents who owe more than $2,500 in past-due child support. This includes both new passport applications and renewals.

If a parent already has a passport, they may be prevented from leaving the country until they settle their outstanding balance. This restriction can be especially devastating for those who need to travel abroad for work or those who have international family commitments.

Liens on Property and Asset Seizures

The state has the authority to place a lien (staking a legal claim to property) on the delinquent parent’s assets in order to secure unpaid child support. Liens can be placed on the following:

• Real estate (homes, rental properties, land)
• Vehicles (cars, motorcycles, boats, RVs)
• Financial accounts (checking, savings, investment accounts)

These liens prevent the parent from selling or refinancing their property until the child support debt is paid, and in some cases, courts could order the seizure and sale of these assets in order to pay any outstanding support obligation.

Negative Impact on Credit Score

Unpaid child support can severely damage a parent’s credit score. Texas reports delinquent child support payments to major credit bureaus, which can lead to:

• Lower credit scores
• Difficulty obtaining loans, mortgages, or credit cards
• Higher interest rates on borrowed money
• Challenges when trying to rent a house or apartment

Unlike other debts, child support can’t be discharged in bankruptcy, which means the financial damage can follow you for years to come.

Civil Contempt of Court – Fines and Jail Time

If a parent continues to ignore child support obligations, the court can hold them in civil contempt. This is one of the most serious penalties for failing to pay child support and can result in:

• Fines. The court can impose significant financial penalties in addition to the past-due support.
• Community service. Some parents may be required to complete court-ordered service hours.
• Jail time. A judge could sentence the delinquent parent to up to six months in jail for contempt of court.

That said, courts generally don’t impose jail time if the parent can prove they lack the ability to pay. Instead, incarceration is typically reserved for parents who have the means to pay but intentionally refuse.

Federal Prosecution for Child Support Evasion

While most child support enforcement actions happen at the state level, extreme cases could lead to federal charges. Under the Deadbeat Parents Punishment Act (DPPA), a parent could face federal prosecution if they:

• Owe more than $10,000 in unpaid child support
• Haven’t made payments for more than two years
• Attempt to evade child support by moving to another state or country

A conviction under the DPPA can result in federal prison time, hefty fines, and a permanent criminal record.

Accumulating Child Support Debt and Interest

Unpaid child support doesn’t disappear over time, and throwing a payment at the problem here and there, though it might stave off the worst of the consequences, won’t contribute much to the bigger issue: interest.

If your child support payments are past due, they begin to accumulate interest at a rate of 6% per year. This means that even if a parent misses only a few payments, the debt can quickly snowball, making it much harder to catch up.

To make matters worse, child support payments, unlike other types of debt, can’t be discharged in bankruptcy, which means the delinquent parent remains legally responsible for the full amount, plus interest until it’s paid in full.

Impact on Parent-Child Relationship

Beyond financial and legal consequences, failing to pay child support can strain the parent-child relationship. The child may feel abandoned or neglected, and the custodial parent can pursue legal action to restrict visitation if the non-paying parent is uncooperative.

Courts generally prefer to maintain parent-child relationships, but repeated nonpayment can result in:

• Supervised visitation
• Limited parental rights
• In extreme cases, termination of parental rights (if other factors justify it)

Over time, this can impact the parent-child dynamic, making it harder to rebuild and maintain a meaningful relationship. Staying current on child support not only fulfills a legal duty but also reinforces a commitment to the child’s well-being while helping to maintain a healthy and supportive connection.

Legal Options for Delinquent Parents

Falling behind on child support payments can feel overwhelming, but ignoring the issue can only make matters worse. Instead of waiting for enforcement actions to take effect, parents who are struggling to meet their obligations should take proactive legal steps to avoid serious consequences. Some of these proactive steps include:

1. Request a child support modification. With the help of an experienced lawyer, the delinquent parent can petition to modify a child support order if there has been a material and substantial change in circumstances, like job loss, disability, or new family obligations.
2. Negotiate a payment plan. With the help of a family law attorney, parents who owe back child support can negotiate a payment plan with the Texas Office of the Attorney General (OAG). This could potentially prevent wage garnishment and license suspension, as courts are more lenient toward parents who show good faith efforts to resolve their debt.
3. Challenge incorrect child support calculations. Mistakes in initial calculations can lead to unfair financial burdens, and some common mistakes include misreported income, failure to account for custody arrangements (e.g., the child spends more time with the paying parent vs. the one not paying), and incorrect payment records.

Delinquent child support can have devastating legal and financial consequences, but parents have options to regain control of the situation. Whether requesting a modification, negotiating a payment plan, or defending against enforcement actions, choosing an experienced family law team can make all the difference.

Contact Prince Contreras PLLC for a Free Consultation

With years of experience tackling the toughest family law cases, the team at Prince Contreras PLLC takes a compassionate, personalized approach to each individual situation. Offering aggressive representation while keeping your interests front and center, we’re dedicated to helping parents throughout Texas when it comes to all aspects of child support.

If you’re behind on child support or facing enforcement action, the team at Prince Contreras PLLC can help.

Call us today at (210) 227-7821 for a free consultation and take the first step toward resolving your child support concerns.