Enforcing Child Support Orders in Texas

When a parent falls behind on court-ordered child support in Texas, the Office of the Attorney General (OAG) has broad statutory authority to compel payment. Texas child support enforcement reaches far beyond a simple court reminder—it can tap wages, seize bank accounts, intercept tax refunds and lottery winnings, suspend licenses, and even result in jail time for contempt. Whether you are owed support or facing enforcement yourself, understanding how these tools work under the Texas Family Code is essential for protecting your interests.

Wage Garnishment and Income Withholding

The primary Texas child support enforcement mechanism is automatic income withholding. Under Family Code Chapter 158, every child support order must include an income withholding directive. The court or OAG orders the obligor's employer to deduct the support amount directly from each paycheck and remit it to the State Disbursement Unit.

Texas imposes a 50% cap on disposable earnings that can be withheld for child support—stricter than the federal Consumer Credit Protection Act maximums of 50–65%. This state cap applies even when the federal ceiling would allow a higher percentage. Key rules for employers include:

• Remittance timing: Employers with 50 or more employees must remit electronically within two business days of payday (§158.203)
• Administrative fee: Employers may deduct up to $10 per month from the employee's pay as an administrative fee (§158.204)
• Noncompliance penalties: Fines of up to $200 per occurrence for knowingly failing to withhold or remit (§158.210)
• Anti-retaliation: Employers cannot fire or refuse to hire based on a withholding order

Income withholding also applies to workers' compensation benefits, severance pay, and lump-sum payouts (§158.213). When multiple withholding orders exist for the same obligor, the employer prorates among current support obligations first, then arrears, staying within the 50% ceiling.

Liens, Levies, and Bank Account Seizures

Under Family Code Chapter 157, a child support lien arises by operation of law for all amounts due and owing. These liens attach to virtually all non-exempt property, including:

• Bank and financial institution accounts
• Retirement plans and pensions
• Insurance proceeds and settlements
• Oil and gas royalties
• Real property (preventing sale or refinancing)

The OAG operates a Financial Institution Data Match (FIDM) program under §231.307, which identifies obligor accounts at banks and credit unions across the state. Once matched, the OAG can execute levies on those accounts. The obligor receives notice and an opportunity to contest, but funds can be frozen quickly. For Texas marital property divisions, liens on joint accounts can complicate the process.

Tax Refund and Other Intercepts

Texas uses several intercept programs to capture non-wage income from delinquent obligors:

• Federal tax refund offset: The OAG certifies eligible arrears to the federal Treasury Offset Program, which intercepts IRS refunds when arrears reach $150 (public-assistance cases) or $500 (non-assistance cases)
• Unemployment benefits: The Texas Workforce Commission must withhold up to 50% of unemployment benefits for child support under Labor Code §207.093
• Lottery prizes: The Texas Lottery deducts delinquent child support from prizes before paying the winner (Government Code §466.407)
• Insurance claims: The OAG's Insurance Reporting and Intercept Program matches claims with arrears lists, then diverts settlement proceeds to satisfy the support debt

Because Texas has no state income tax, there is no state tax refund to intercept—but the federal offset alone captures billions nationally each year.

License Suspensions and Denials

Under Family Code Chapter 232, Texas can suspend or deny renewal of virtually any state-issued license when an obligor is three or more months behind on support and has failed to comply with a court-ordered repayment schedule. Affected licenses include:

• Driver's licenses: DPS implements holds and denials; no reinstatement fee applies when the sole basis is child support delinquency
• Professional and occupational licenses: Nursing, law, cosmetology, contractor licenses, and others
• Recreational licenses: Hunting and fishing permits

The obligor receives notice and an opportunity to negotiate a repayment plan or request a hearing before suspension takes effect. Once the obligor becomes compliant, the OAG notifies the licensing agency to restore the license.

Passport Denial and Contempt of Court

At the federal level, the U.S. Department of State may deny or revoke a passport when certified child support arrears exceed $2,500. This restriction remains until the arrears are resolved or the OAG issues a release through the federal Office of Child Support Services.

Texas courts also have broad contempt powers. An obligor who willfully refuses to pay support can face fines and up to six months in jail per violation. Contempt proceedings require the court to find that the obligor had the ability to pay and intentionally failed to do so. For background on the broader process, see our Texas divorce timeline.

Interest on Unpaid Arrears

Under Family Code §157.265, unpaid child support arrears accrue 6% simple interest per year from each installment's due date. Unlike many other debts, child support judgments in Texas are enforceable for at least 10 years after the child turns 18, and interest continues to compound the balance. Even a modest monthly shortfall can grow into a substantial obligation over time.

Estimate Your Texas Child Support

Understanding your support obligation is the first step toward staying compliant and avoiding enforcement action. Use our calculator to estimate your Texas child support amount under the percentage-of-income guidelines.

What to Do If You Cannot Pay

If your financial circumstances change—job loss, medical emergency, or reduced income—file for a support modification immediately. Under Family Code §156.401, a court may modify an existing order if there has been a material and substantial change in circumstances, or if at least three years have passed and the current guideline amount differs by 20% or $100 from the existing order.

Retroactive reductions generally run only back to your filing date, so delays increase the arrears you owe. Contact the OAG's Child Support Division at (800) 252-8014 or visit your local OAG child support office to start the process. Ignoring the problem only compounds it—enforcement tools activate automatically while interest accrues on every missed payment.

Key Takeaways

• Automatic wage withholding is required in every Texas support order, capped at 50% of disposable earnings (Family Code Ch. 158)
• Liens arise by operation of law and attach to bank accounts, retirement plans, insurance proceeds, and real property (Ch. 157)
• Intercepts capture federal tax refunds, unemployment benefits, lottery prizes, and insurance settlements
• License suspensions cover driver's, professional, and recreational licenses after three months of arrears (Ch. 232)
• Passport denial applies when arrears exceed $2,500
• 6% annual interest accrues on all unpaid arrears (§157.265)
• File for modification promptly if circumstances change—arrears continue accruing until you act

For a broader view of the Texas divorce process, see our Texas divorce filing checklist and cost guide.