When child support payments stop, the financial strain on your family starts the same day. This article explains how Texas law gives parents real tools to collect unpaid child support, what enforcement actions look like in Dallas and San Antonio courts, and when to hire a private attorney instead of relying on the Office of the Attorney General alone. Lopez Lawyers represents both custodial parents owed support and paying parents facing enforcement throughout Texas.

Key Takeaways

• Lopez Lawyers helps parents in Dallas, Fort Worth, San Antonio, and surrounding areas enforce child support orders, collect past due child support, and protect children when the other parent stops paying.

• Texas courts can use income withholding, license suspension, property liens, tax refund interception, and jail time of up to six months per violation to enforce child support obligations.

• Child support and child custody are legally separate under the Texas Family Code. You generally cannot withhold visitation because the other parent refuses to pay child support, and you cannot stop paying because visitation is denied.

• Both custodial parents seeking enforcement and paying parents needing modification or defense benefit from legal representation, especially when self-employment income, hidden assets, or the Attorney General's office is involved.

• Call (469) 399-0469 or message us online for a confidential consultation about child support enforcement in Texas.

Why Call a Dallas Child Support Enforcement Lawyer Now?

The pattern is familiar: payments arrive late, then partially, then not at all. Rent falls behind. Medical bills stack up. School supplies go unpurchased. When the other parent stops meeting their child support obligations, the financial burden shifts entirely to the custodial parent and, ultimately, to the child.

Unpaid child support in Texas carries real consequences for both sides. Arrears grow with each missed month, and under current law, interest accrues on unpaid child support at six percent per year, compounding the total owed. Texas law gives parents powerful legal remedies, but those remedies require carefully drafted motions, solid documentation, and familiarity with local court procedures. Dallas County family courts may have specific procedures for contempt proceedings that differ from courts in neighboring counties.

Lopez Lawyers represents parents throughout Dallas, Collin, Denton, and Tarrant counties as well as San Antonio and Bexar County in child support enforcement and related family law matters.

If child support payments have stopped or become erratic, call (469) 399-0469 or reach out through our online contact form for prompt legal assistance.

What Is Child Support Enforcement in Texas?

Child support enforcement is the legal process used to compel compliance with an existing child support obligation, covering both current payments and past due child support (arrears). Enforcement proceedings are typically filed under Chapter 157 of the Texas Family Code, which governs enforcement of child support and other orders in suits affecting the parent-child relationship.

The non-custodial parent is typically responsible for child support payments. Either parent can initiate enforcement: the custodial parent to collect what is owed, or the paying parent to correct accounting errors, claim credits, or challenge overstatements.

Enforcement may be pursued through:

• The Office of the Attorney General (OAG) Child Support Division

• A private child support enforcement attorney in Dallas, like Lopez Lawyers

• Both simultaneously

Child support obligations can include medical support and healthcare costs ordered in the decree, dental support, and reimbursement for uninsured medical expenses. These obligations are enforceable alongside the basic monthly child support order.

What Happens If the Other Parent Stops Paying Child Support?

Each missed payment becomes a separate, enforceable judgment the moment it comes due. The court order does not disappear because the paying parent ignores it. Interest accrues on unpaid child support at 6% per year under current Texas law, causing the total owed to grow month after month. (Note: Senate Bill 629 reduces this rate to 3% for arrears confirmed after January 1, 2026, but the current rate applies to most existing arrearages.)

The court can order an accounting, confirm the total past due child support, and enter a money judgment for the full arrearage plus interest and reasonable attorney's fees. In Texas, courts may order non-compliant parents to pay attorney fees in successful enforcement actions.

Texas law also allows retroactive child support for up to four years, which means a parent who delayed filing for support can still recover a portion of what should have been paid.

One common mistake: "side agreements" where parents orally agree to pause or reduce child support. These informal child support agreements do not change the court order and do not stop arrears from accruing. Only a judge can modify a support order.

Texas has a 10-year statute of limitations for enforcing child support, measured from when the obligation ends. That is a long window, but starting earlier produces better results because arrears and interest keep growing.

If a non paying parent fails to pay, contact Lopez Lawyers to document the arrears and begin the enforcement process before the debt balloons further.

Child Support vs. Visitation: Why You Cannot Trade One for the Other

In Texas, child support and child custody/possession are legally separate. The Texas Family Code makes this explicit: a parent cannot deny court-ordered visitation because the other parent will not pay child support, and a parent cannot stop paying support because the other parent blocks visitation.

Attempting to withhold visitation as leverage for unpaid support exposes the custodial parent to their own enforcement action for violating a possession order. The correct remedy for unpaid child support is a child support enforcement action. The correct remedy for denied visitation is a motion to enforce possession or a custody modification.

Parental rights to access and possession exist independently of financial support. A parent who takes "self-help" measures risks being held in contempt and weakening their position in court. Private attorneys can simultaneously address custody or visitation issues alongside child support enforcement, which is one reason families with intertwined disputes benefit from hiring counsel.

How Is Child Support Calculated in Texas and Why It Matters for Enforcement

Texas child support is based on the obligor's net resources. The Texas Family Code applies guideline percentages to net monthly resources:

Number of Children	Guideline Percentage
1	20%
2	25%
3	30%
4	35%
5+	40%

Net resources include wages, salary, overtime, bonuses, self-employment income, rental income, retirement benefits, workers compensation benefits, unemployment benefits, and social security benefits (though SSI does not count as income for child support calculations). Mandatory deductions for taxes and health insurance for the child are subtracted before applying the percentage.

As of September 1, 2025, guideline support is applied up to a statutory net-resource cap of $11,700 per month, raised from the previous $9,200 cap under HB 2643. This means the maximum guideline child support for one child at the cap is $2,340 per month.

In high-income cases, the court can order above-guideline support when the child has documented needs beyond guideline amounts, such as private school tuition, therapy, or specialized medical care. Understanding how child support was originally calculated is critical for both enforcing arrears and defending against overstatements of what is owed. An attorney can review existing divorce decrees to determine owed child support and identify calculation errors.

Common Texas Enforcement Tools for Unpaid Child Support

Texas courts and the Attorney General have several enforcement tools to compel payment when a noncustodial parent fails to meet their support obligation. Enforcement processes can include filing motions for contempt or enforcement, and the remedies available are substantial:

• Income withholding (wage garnishment): The most common method. Under Chapter 158 of the Texas Family Code, employers are ordered to withhold child support directly from the paying parent's paycheck. Wage garnishment is a common enforcement method for unpaid support and often resolves compliance issues without further court action.

• Contempt of court: If a non paying parent fails to obey the order willfully, the court can impose fines, community supervision (probation), or jail time up to six months per violation. Failure to pay child support can lead to jail time for the obligor, though courts typically exhaust other remedies first.

• License suspension: Driver's licenses, professional licenses, hunting licenses, and fishing licenses can all be suspended for failure to pay child support. This creates immediate pressure on the paying parent's ability to work and live normally.

• Property liens: Liens can attach to non-exempt real estate, vehicles, bank accounts, and other financial accounts. Child support enforcement can involve remedies like wage withholding and property liens simultaneously.

• Tax refund and lottery interception: The Office of the Attorney General can intercept tax refunds for unpaid support. Lottery winnings are also subject to interception under Texas law.

• Passport denial: For arrears exceeding $2,500, federal law permits denial of passport applications or renewals.

Working with the Texas Attorney General vs. a Private Enforcement Attorney

The Texas Office of the Attorney General handles child support enforcement services statewide. The OAG represents the State of Texas, not either parent individually, and focuses on establishing and enforcing child support orders. Tax refunds can be intercepted to cover overdue child support through the OAG, and they can locate absent parents, establish paternity, set up income withholding, and report delinquencies to credit bureaus.

A private child support enforcement attorney in Dallas offers a different set of advantages:

	Attorney General	Private Attorney
Represents	The State	You personally
Response time	Variable; large caseload	Faster; individual attention
Handles custody/visitation	No	Yes
Custom legal strategy	Limited	Tailored to your case
Courtroom advocacy	Attorneys rotate	Your attorney knows your facts
Cost	No fee to parent	Attorney's fees apply

Hiring a private child support enforcement attorney offers personalized advocacy and faster resolution than relying only on state services. Parents can keep an active OAG case and still hire Lopez Lawyers to file a private enforcement action in district court when OAG delays or complex issues make their assistance insufficient.

Call (469) 399-0469 to discuss whether working with the attorney general, a private attorney, or both makes sense for your situation.

Step-by-Step: What to Do When Child Support Payments Stop

Documentation of missed payments is important before starting enforcement actions. Here is a practical sequence:

1. Document everything immediately. Save bank statements, payment app screenshots, text messages, and emails showing missed or partial payments. Record dates and amounts for every payment that was due but not received.

2. Get your court order. Obtain a certified copy of the original child support order and any later modifications from the district clerk in Dallas County, Collin County, Denton County, Tarrant County, or Bexar County, depending on where the case was filed.

3. Consult a family law attorney. Contact Lopez Lawyers to review the order, calculate probable arrears (including interest), and decide whether to proceed through the attorney general, a private enforcement suit, or both. Initial consultations with attorneys can help clarify current child support orders and strategies. Child support cases often begin with petitions in family court in Dallas County.

4. File and serve the Motion for Enforcement. Your attorney will draft and file the motion, serve the other parent, prepare exhibits (payment histories, receipts, income documentation), and represent you at the enforcement hearing.

5. Attend the hearing. Many family courts may require mediation prior to a formal trial in enforcement cases. If mediation fails, the court sets a hearing where the judge reviews evidence and enters orders.

Complicated Situations: Self-Employment, Cash Income, and Hidden Assets

Enforcement becomes harder when the paying parent's income is not a straightforward W-2 paycheck. Self-employment income, cash-based businesses, and assets moved between entities can obscure a person's income and make standard wage garnishment ineffective.

Courts look beyond what appears on a tax return. Judges can examine:

• Business profit-and-loss statements

• Bank deposits that exceed reported income

• Lifestyle evidence (vehicle purchases, vacations, real estate) inconsistent with claimed poverty

• Transfers to family members or shell accounts

Child support enforcement frequently involves tracing hidden income and handling arrears. In high-asset or business-owner cases, Lopez Lawyers may coordinate with forensic accountants to quantify true net resources, similar to the approach used in high-asset divorce litigation.

If the court finds that the paying parent is intentionally unemployed or underemployed to avoid child support, it can impute income based on earning capacity rather than reported employment income. The parent's ability to earn, not just their employment status, is what the court examines.

Parents who suspect the other parent is working "off the books" should bring that concern to a consultation so Lopez Lawyers can discuss targeted discovery and financial investigation strategies.

Defense and Modification: Help for Paying Parents Under Real Financial Strain

Lopez Lawyers also represents paying parents who face genuine significant financial hardship. Job loss, disability, incarceration, or a new child can make the existing child support obligation unaffordable. But stopping payment without court approval does not change the legal obligation. Only a judge can modify a child support order.

Texas standards for modifying existing orders require:

• A material and substantial change in circumstances (job loss, medical disability, new children), or

• Three years since the last order, combined with a recalculation showing at least a 20% or $100-per-month difference under current guidelines

Child support payments can be modified due to significant changes in circumstances. Incarcerated parents or those receiving SSI may qualify for reduced or suspended current support, but must seek a formal court modification. SSI does not count as income for child support calculations, but arrears that accumulate before the modification order remain owed.

The financial burden of growing arrears can be devastating. Courts sometimes approve structured payment plans for past due child support, and in limited situations, affirmative defenses under Section 157.008 of the Texas Family Code may apply when the child lived with the obligor for extended periods and the obligor provided direct financial support during that time.

Call (469) 399-0469 before you fall far behind so Lopez Lawyers can explore modification, negotiated payment plans, or defenses to contempt before the situation becomes unmanageable.

Out-of-State and Interstate Child Support Orders (UIFSA)

When a child support order originates in another state, Texas courts can register and enforce that order under the Uniform Interstate Family Support Act (UIFSA), codified in Chapter 159 of the Texas Family Code. Parents who move to or from Texas do not lose their right to enforce past due child support. They may face additional procedural steps, including formal registration of the foreign order in a Texas court.

Enforcement can involve coordination between courts and child support agencies in multiple states, including income withholding from an employer in a different jurisdiction. Lopez Lawyers helps parents in Dallas, San Antonio, and across Texas navigate interstate registration and enforcement, working alongside the office of the attorney general where interstate cooperation is needed.

If you have an out-of-state order, gather certified copies of all orders and payment histories before your consultation so the firm can evaluate jurisdiction and enforcement options.

Lopez Lawyers' Child Support Enforcement Approach in Dallas and San Antonio

Lopez Lawyers is a Texas family law practice with offices in Dallas and San Antonio, concentrating on four practice areas: Divorce, Child Custody, Property Division, and Child Support.

The firm's enforcement strategy is evidence-driven, realistic about court costs and timelines, and tailored to the specific judge, county, and facts in each case. Child support enforcement cases are often intertwined with child custody modifications, relocation disputes, or property division in post-divorce matters. Lopez Lawyers handles all of these together so clients do not need multiple attorneys for related issues.

Clear communication matters. The legal team explains risks (including potential jail exposure in contempt), likely outcomes, and practical solutions like wage withholding and structured arrears payment plans. Every case gets an individualized legal strategy rather than a one-size-fits-all approach.

Schedule a confidential strategy session by calling (469) 399-0469 or reaching out through our online contact page.

How to Prepare for Your Consultation with a Child Support Enforcement Attorney

Effective enforcement (or defense) starts with organized information. Here is what to bring to your free consultation:

• Court orders: The most recent child support order, any modifications, temporary orders, and orders covering medical support and uninsured expenses.

• Payment history: Bank statements, receipts, payment app screenshots, employer wage-withholding stubs, and any OAG printouts showing what has and has not been paid.

• Income documentation: Recent pay stubs, tax returns (two to three years), profit-and-loss statements for self-employment income, and benefit award letters for unemployment benefits, social security benefits, or disability.

• Communication records: Texts, emails, and voicemails from the other parent about payments, employment status, or the child's needs.

• Timeline: A simple written summary of when payments stopped, any major job changes, moves, health events, or changes in custody. This helps the attorney quickly identify whether the case calls for enforcement, modification, or both.

Having this information ready allows your attorney to calculate probable arrears, identify the strongest legal tools available, and advise on whether to pursue the case through the attorney general, a private enforcement suit, or both.

Call Lopez Lawyers About Child Support Enforcement in Dallas and San Antonio

Whether you are owed past due child support, facing an aggressive enforcement action as the paying parent, or dealing with overlapping child support and child custody concerns, Lopez Lawyers can help you move forward with a concrete plan.

Acting sooner leads to better options: payment plans, negotiated resolutions, or more complete recovery of arrears. Waiting until financial stress turns into a crisis limits what any attorney or court can do.

Call (469) 399-0469 now for a confidential consultation, or contact us securely online.

Lopez Lawyers serves clients in Dallas, Fort Worth, Plano, Frisco, Arlington, Irving, San Antonio, New Braunfels, and surrounding communities throughout Texas in child support enforcement and related family law matters.

Frequently Asked Questions About Child Support Enforcement in Texas

Can my ex go to jail for unpaid child support in Texas?

Yes. Texas courts can impose jail time for willful nonpayment of child support through contempt proceedings. Non-payment can lead to jail time up to six months per violation. Courts treat this as a last resort; they typically first attempt payment plans, income withholding, or community supervision with strict conditions. Because liberty is at stake, the burden of proof in contempt is "beyond a reasonable doubt," making experienced legal representation from a firm like Lopez Lawyers particularly valuable. A parent who genuinely cannot pay has defenses, but those defenses must be properly raised in court.

Does unpaid child support ever expire in Texas?

Texas allows enforcement of child support arrears for up to 10 years after the child turns 18 or the support obligation ends, whichever comes later. Contempt actions (which carry jail risk) have a shorter window: the motion must be filed within two years of when the obligation terminates. A money judgment for the arrearage itself remains available for the full 10-year period. Because interest at 6% per year continues to accrue during that time, delaying enforcement often means the total owed grows well beyond the original missed payments. Contact Lopez Lawyers if you are unsure about limitation periods for your case.

Can child support arrears be reduced or forgiven?

Only the party owed the support (or the State, if public assistance was involved) can agree to compromise or forgive arrears. Even then, a court order is usually required to formally modify or credit the debt. Judges rarely eliminate arrears entirely. They are more likely to approve structured payment plans or, in limited circumstances, grant partial credits for direct payments made outside the system or for periods when the child primarily lived with the paying parent. Both parents should speak with a family law attorney before promising any "forgiveness" informally, as informal agreements do not bind the court.

Can I enforce medical and dental support, not just monthly child support?

Yes. Texas courts enforce medical and dental support obligations, including insurance premiums ordered to be paid by a parent and reimbursement for uninsured expenses, as part of child support enforcement proceedings. Texas Family Code Section 157.263 clarifies that many of these obligations are enforceable as child support and can be reduced to a money judgment with interest. Keep detailed receipts, explanation-of-benefits statements, and proof of written requests for reimbursement to strengthen your enforcement claims.

Do I need a lawyer if the Attorney General has already opened a case?

Hiring private counsel is not legally required when the attorney general is involved, but having your own attorney ensures someone in the process is focused on your interests rather than the State's priorities. A private attorney can push for faster court dates, handle related child custody and visitation issues the OAG will not address, and develop a legal strategy tailored to your family. If you already have an open OAG case but feel stuck or unheard, call (469) 399-0469 or contact Lopez Lawyers online for a second opinion and possible parallel private enforcement action.