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Understanding the consequences of failing to pay child support in Texas is crucial for any parent involved in a child support agreement. Texas law enforces strict measures to ensure that children receive the financial support they need from both parents.
Nonpayment can lead to severe penalties that affect various aspects of a parent’s life. This blog outlines 10 key repercussions of not paying child support in Texas, providing you with essential information to avoid these serious consequences.

#1 Jail Time for Nonpayment

Failing to pay child support in Texas can result in jail time. The state views this as a serious offense, and parents who neglect their duties can be held in contempt of court, leading to up to six months in jail. According to Texas Penal Code Sec. 25.05, criminal nonsupport, is a state crime that carries a maximum two-year prison penalty. This law states, “An individual commits an offense if the individual intentionally or knowingly fails to provide support for their child younger than 18 years of age, or for their child who is the subject of a court order requiring the individual to support the child.”

This means that if you knowingly avoid paying child support, you could face serious criminal charges. The court aims to ensure that children receive the financial support they need, and jail time serves as a strong deterrent for nonpayment.

Contempt of Court

Failing to pay child support in Texas can result in jail time. The state views this as a serious offense, and parents who neglect their duties can be held in contempt of court. Contempt of court is a legal finding that a person has disobeyed a court order. In the context of child support, if a parent fails to make the required payments, the court can issue a contempt order, leading to penalties that include jail time. Specifically, parents can be sentenced to up to six months in jail for contempt of court related to child support nonpayment.

Criminal Nonsupport

According to Texas Penal Code Sec. 25.05, criminal nonsupport is a state felony offense that can carry a sentence of six months to two years in jail. This law states, “An individual commits an offense if the individual intentionally or knowingly fails to provide support for their child younger than 18 years of age, or for their child who is the subject of a court order requiring the individual to support the child.” This statute means that if you knowingly avoid paying child support, you could face serious criminal charges.

Legal Process

  • Filing a Complaint: The custodial parent or the Child Support Division of the Texas Attorney General’s Office can file a complaint against the non-paying parent.
  • Court Hearing: The court will schedule a hearing to review the evidence and determine whether the non-paying parent is in contempt.
  • Contempt Order: If found in contempt, the court can issue an order specifying the penalties, which can include jail time, fines, and other enforcement actions.
Person in an orange jumpsuit holding jail bars, symbolizing the penalties for not paying child support, including jail time

Penalties

  • Jail Time: As noted, jail time can range from six months for contempt of court to two years for criminal nonsupport.
  • Fines: The court may impose fines on top of the jail sentence to further penalize the non-paying parent.
  • Additional Consequences: Beyond jail time and fines, the court may also order the non-paying parent to pay attorney fees, court costs, and any outstanding child support arrears.

Impact on Parent and Child

The court aims to ensure that children receive the financial support they need, and jail time serves as a strong deterrent for nonpayment. However, it also has significant impacts on the non-paying parent:
  • Employment: Being incarcerated can lead to job loss, which may further complicate the parent’s ability to pay child support in the future.
  • Reputation: A criminal record for nonsupport can damage the parent’s reputation and make it difficult to find employment after release.
  • Family Relationships: Incarceration can strain relationships with the child and other family members, potentially leading to long-term emotional and psychological effects.

Alternatives to Jail

In some cases, the court may consider alternatives to jail time if the non-paying parent demonstrates a willingness to comply with the support order. These alternatives may include:
  • Work Release Programs: Allowing the parent to work during the day and return to jail at night.
  • Community Service: Ordering the parent to complete a specified number of community service hours.
  • Rehabilitation Programs: Enrolling the parent in programs designed to address underlying issues such as substance abuse or financial management.

#2 Garnished Wages

Texas can issue an income withholding order (IWO) to automatically deduct child support payments from the noncustodial parent’s paycheck. Once the employer receives this order, they will adjust the payments accordingly, making it impossible for the parent to avoid their child support obligations. This process is straightforward and ensures that child support is paid regularly and on time.

The IWO is one of the most effective tools for collecting child support because it directly targets the source of income. Employers are legally required to comply with the order, and failure to do so can result in penalties for the employer as well. This system helps ensure that children receive consistent financial support from their noncustodial parent.

#3 License Suspension

The Texas Family Code allows for the suspension or revocation of any license issued by a Texas agency if the parent fails to pay child support. This includes driver’s licenses, business licenses, concealed weapon licenses, and hunting licenses. Losing a driver’s license can significantly impact a parent’s daily life, making it difficult to commute to work, run errands, or take their children to school.

Suspending or revoking other types of licenses can also have serious consequences. For example, losing a business license can affect a parent’s ability to operate their business, while losing a concealed weapon license can impact personal security. These measures are designed to compel parents to meet their child support obligations by making nonpayment inconvenient and disruptive.

#4 Property Liens

Liens can be placed on a parent’s assets until the child support debt is paid off. These assets can include property, bank accounts, retirement plans, and automobiles. A lien is a legal claim against property that must be satisfied before the property can be sold or transferred.

For example, if a lien is placed on your home, you cannot sell the home until the child support debt is paid. Similarly, a lien on your bank account means that funds in the account can be used to satisfy the debt. This measure ensures that parents cannot avoid paying child support by hiding or transferring assets.

#5 Interception of Tax Refunds and Lottery Winnings

Close-up of a 1040 tax form with a pen and cash, representing the interception of tax refunds and lottery winnings for unpaid child support

The government can intercept tax refund checks and lottery winnings from parents who owe child support. This ensures that any state or federal monetary payments are used to cover the owed support. When a parent is delinquent on child support, the state can seize their tax refunds to cover the debt.

Similarly, lottery winnings can be intercepted to satisfy child support arrears. This measure prevents parents from using large sums of money for personal gain while neglecting their child support obligations. By intercepting these payments, the state ensures that children receive the financial support they are entitled to.

#6 Negative Impact on Credit Rating

When a parent is delinquent on their child support payments, the state notifies credit bureaus. This will negatively impact their credit rating, making it harder to obtain loans or credit in the future. A poor credit rating can affect many aspects of a person’s life, including their ability to buy a home, get a car loan, or even secure a job.

The negative impact on credit rating serves as a strong incentive for parents to stay current on their child support payments. It is a long-lasting consequence that can take years to repair, emphasizing the importance of fulfilling child support obligations.

#7 Passport Ineligibility

Parents who owe $2,500 or more in child support are not eligible to receive a United States passport. This restriction ensures that parents cannot evade their responsibilities by leaving the country. The U.S. Department of State will deny passport applications from parents who owe substantial child support arrears.
Person holding a denied passport application with a stamp, highlighting passport ineligibility for parents owing child support.
This measure prevents parents from using international travel as a means to avoid paying child support. It is a serious consequence that can affect personal and professional travel plans, highlighting the importance of meeting child support obligations.

#8 Public Listing of Evaders

The Texas Attorney General maintains a webpage listing parents who are delinquent on their child support payments. This page includes the names, number of children, and amount owed by child support evaders, creating public accountability. Being listed on this webpage can be embarrassing and damaging to a parent’s reputation.

The public listing serves as a form of social pressure, encouraging parents to pay their child support to avoid being publicly shamed. It also provides transparency and accountability, making it clear that the state takes child support enforcement seriously.

#9 Visitation Rights Are Unaffected

In Texas, child support and visitation rights are treated separately. A parent who owes child support is still allowed to see their child. The law ensures that visitation is not denied due to unpaid support. This separation ensures that children can maintain a relationship with both parents, regardless of financial issues.

While financial support is crucial, the emotional and psychological well-being of the child is also important. Allowing visitation to continue helps maintain stability and continuity in the child’s life, even if one parent is delinquent on support payments.

#10 Unpaid Support Accumulates

Unpaid child support does not disappear once a child turns 18. The state can still pursue any outstanding payments, which will continue to accumulate interest over time. This means that parents cannot simply wait out their obligations; they will continue to owe child support until the debt is paid in full.

The accumulation of interest on unpaid support ensures that parents are held accountable for their financial responsibilities. It also serves as a reminder that child support is a long-term obligation that must be met, regardless of the child’s age.

Conclusion

Navigating the complexities of child support laws in Texas can be challenging, but understanding the repercussions of nonpayment is essential. From jail time to credit score impacts, the consequences are designed to ensure that children receive the support they deserve.

If you are facing difficulties with child support payments or enforcement, seeking legal assistance can help you manage your obligations and protect your rights. Tess House Law is dedicated to providing compassionate and effective legal support to help you navigate these challenges and secure the best possible outcome for your family. Contact us today to learn more about how we can assist you.

Tess House Law: Your Partner in Family Law

Tess House Law’s team of experienced Texas family law attorneys takes a compassionate approach to handling family law cases. Utilizing innovative technology, our attorneys work collectively to find the best long-term solutions for each family. For more information, please give us a call or fill out a short form online to sign up for a free consultation today. Let us make a positive difference in your life.

At Tess House Law, we understand the complexities of child support cases and the severe consequences of nonpayment. Our goal is to help parents navigate the legal system and ensure that children receive the financial support they need. Whether you are struggling to collect child support or facing enforcement actions, our experienced attorneys are here to help.

Contact us today to learn more about your options and how we can assist you in achieving the best possible outcome for your family.

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Tess House Law

Author Tess House Law

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