If your ex has stopped paying child support, you’re not alone—and you’re not without options. In Texas, child support is a legal obligation, not a suggestion. When payments stop, it can put serious strain on your finances and your child’s well-being. Fortunately, Texas law offers clear enforcement mechanisms to help custodial parents recover unpaid support and ensure that ongoing payments continue as ordered.
Here’s what you need to know if your ex is behind on child support in Texas.
Child Support Is a Court Order
In Texas, child support is not based on informal agreements or verbal promises. It’s established through a court order, whether that’s part of a divorce decree, custody order, or paternity case. That order has the force of law, meaning that failure to pay is a violation of a court order, not just a personal failing.
The person ordered to pay is legally referred to as the “obligor,” and the person receiving the support is referred to as the “obligee.” If the obligor stops making payments, the obligee has every right to seek enforcement of the agreement.
First Step: Keep Records and Communicate Carefully
If your ex misses a payment, the first thing to do is document the missed payment. Keep track of the date and amount that was due, any communication you’ve had about the missed payment, and whether partial payments were made. While it may be tempting to confront your ex, it’s important to remain calm and avoid any threats or arguments that could complicate future legal proceedings.
Sometimes, missed payments are due to temporary financial hardship. If the paying parent is cooperative, it may be possible to work out a short-term solution. However, you are under no obligation to renegotiate or forgive missed support, especially if your ex hasn’t gone back to court to request a modification.
Enforcing a Child Support Order in Texas
If the missed payments continue or your ex refuses to pay, you can request enforcement through the Texas Office of the Attorney General (OAG) or file a motion to enforce the order in family court.
The state has several tools available to enforce child support obligations, including:
- Wage garnishment (income withholding)
- Interception of tax refunds or lottery winnings
- Suspension of driver’s licenses or professional licenses
- Credit reporting of arrears
- Liens against bank accounts or property
- Contempt of court charges, which can include fines and jail time
The OAG can assist at no cost, but the process can be slow due to high caseloads. Hiring an experienced family law attorney may speed things up and give you more control over the outcome, especially if large arrears have accumulated.
Can Missed Payments Be Wiped Away?
Missed child support payments in Texas do not disappear. They accrue interest and remain owed until paid in full. The court cannot retroactively modify past-due support. That means even if your ex later gets a job or your child reaches adulthood, the unpaid amounts are still collectible, with interest.
What If Your Ex Claims They Can’t Pay?
If your ex is facing job loss, illness, or another hardship, they are allowed to request a modification of their support order. However, that modification must be approved by a judge. Until then, they are legally required to pay the full amount ordered.
It’s important not to agree to informal changes or verbal arrangements. Always insist on court-approved modifications to protect your rights and your child’s financial future.
You Do Not Have to Navigate This Alone. Contact Our Legal Team Today
Dealing with unpaid child support is stressful and frustrating. You’re trying to provide stability for your child while your ex avoids their obligations. That’s where Guest & Gray can help. Our experienced family law attorneys can review your child support order, advise you on enforcement strategies, and take swift legal action to protect your rights.
If your ex has stopped paying child support, don’t wait. Contact Guest & Gray today for a consultation and let us help you take the next step toward getting the support your child deserves.
