What if My Ex Won't Pay Child Support in Texas?

When you're counting on child support to help raise your kids, it’s beyond frustrating if your ex stops paying. In Texas, child support isn’t just a suggestion—it’s a legal obligation. But what happens when those payments dry up? Don’t worry, you’ve got options, and Texas has a robust system to help you get what your kids are owed. This guide walks you through what to do if your ex won’t pay child support in Texas, from understanding your rights to taking action. Let’s dive into the steps you can take to secure the support your children deserve.

Why Child Support Matters in Texas

Child support is a lifeline for many families. It’s meant to cover essentials like food, clothing, housing, and school supplies—things every kid needs to thrive. In Texas, the courts take this seriously because it’s about ensuring kids aren’t left in the lurch when parents split up. If your ex isn’t paying, it’s not just a personal slight; it’s a violation of a court order, and that carries weight.

Think about it: raising kids is expensive, and you’re likely already juggling a lot. When your ex skips out on their share, it can feel like you’re carrying the whole load alone. The good news? Texas law has your back with tools to enforce those payments. But before you can take action, it helps to know what you’re dealing with and what the state can do to help.

First Steps When Your Ex Stops Paying

So, your ex hasn’t sent a child support payment in weeks, maybe months. What now? Before you panic, take a deep breath and get organized. Acting quickly and strategically is key to getting those payments back on track. Here’s how to start.

Document Everything

Start by keeping a record of every missed payment. Note the dates, amounts owed, and any communication you’ve had with your ex about the issue. Did they promise to pay “next week” but never followed through? Write it down. This paper trail will be crucial if you need to involve the courts or the state.

Why does this matter? Because Texas courts and agencies like the Office of the Attorney General (OAG) need evidence to act. A clear record shows you’re not just venting—you’ve got proof your ex isn’t holding up their end of the deal. Plus, it helps you stay calm and focused when things feel chaotic.

Contact Your Ex (Carefully)

Sometimes, a polite but firm conversation can nudge your ex to pay up. Maybe they lost their job or hit a rough patch. Reach out via text or email (something you can document) and ask what’s going on. Keep it civil—no matter how tempting it is to let them have it.

But here’s the catch: don’t let this drag on. If they dodge you, make excuses, or flat-out refuse, it’s time to move on to stronger measures. And whatever you do, don’t withhold visitation as punishment for non-payment. In Texas, visitation and child support are separate issues, and blocking access to your kids could land you in hot water with the court.

Enlisting the Office of the Attorney General

If your ex still won’t pay, it’s time to bring in the big guns: the Texas Office of the Attorney General (OAG) Child Support Division. This agency is the state’s go-to for enforcing child support orders, and they’ve got a lot of tools to make non-paying parents step up.

How the OAG Can Help

The OAG acts like a middleman between you and your ex. Once you open a case with them, they can track down your ex, verify non-payment, and take action to collect what’s owed. They don’t represent you personally (they’re working for the state’s interest in supporting kids), but their services are free or low-cost, which is a huge plus if you’re on a tight budget.

The OAG can do things you’d struggle to do on your own, like intercepting tax refunds, reporting unpaid support to credit bureaus, or even denying your ex a passport if they owe more than $2,500. They handle a ton of cases, so it might take time, but they’re a powerful ally when your ex won’t pay child support in Texas.

Starting the Process

To get the OAG involved, you’ll need to apply for their services. You can do this online through their website or at a local child support office. You’ll provide details about your court-ordered child support agreement, your ex’s information (like their job or last known address), and your payment records.

Once your case is open, the OAG might set up a Child Support Review Process (CSRP), an in-office meeting where both parents can negotiate a solution. If your ex cooperates, great—the OAG can formalize a payment plan. If not, the case might head to court, where a judge will decide what happens next. Either way, the OAG takes a lot of the legwork off your plate.

Enforcement Tools Texas Uses

Texas doesn’t mess around when it comes to child support enforcement. If your ex won’t pay, the state has a toolbox full of ways to make them comply. These measures are designed to hit non-paying parents where it hurts—without harming your kids. Let’s look at the most common ones.

Wage Withholding

This is the OAG’s go-to move. Wage withholding (or garnishment) means the child support payment comes straight out of your ex’s paycheck before they even see it. The court sends an order to their employer, who’s legally required to deduct the amount owed and send it to the state’s child support disbursement unit.

It’s super effective because your ex can’t just “forget” to pay. Even if they switch jobs, the OAG can track them down and issue a new withholding order. For parents who are self-employed or paid under the table, this gets trickier, but the OAG has other tricks up its sleeve.

License Suspension

What’s worse than missing a payment? Losing your driver’s license. Texas can suspend your ex’s driver’s license, professional licenses (like those for doctors or contractors), and even hunting or fishing licenses if they fall behind on child support. The OAG works with over 60 licensing agencies to make this happen.

This tactic is a wake-up call for a lot of parents. Imagine not being able to drive to work or practice your trade. It’s often enough to get them to start paying again. And if they don’t? The suspensions stay in place until they settle up.

Liens and Asset Seizures

If your ex owns property—like a house, car, or bank account—Texas can place a lien on it. This means they can’t sell or transfer the property without paying what they owe. In some cases, the state can seize assets directly, like money from a bank account or even lottery winnings.

Since 2023, child support liens in Texas have no time limit, so they can hang over your ex’s head indefinitely until the debt is cleared. This is a big deal for collecting back payments (or “arrearages”) that have piled up over time.

Contempt of Court and Jail Time

When all else fails, Texas courts can hold your ex in contempt for ignoring a child support order. This is serious—it can lead to fines or even jail time, up to six months per violation. Jail is usually a last resort, reserved for parents who repeatedly refuse to pay despite having the means.

Here’s the thing: jail time doesn’t erase the debt. Your ex still owes every penny, plus interest (6% per year in Texas). But the threat of incarceration can be a powerful motivator for someone who’s been dodging their obligations.

Filing a Private Enforcement Action

Maybe the OAG’s process feels too slow, or you’ve got other issues (like visitation disputes) that they can’t handle. In that case, you might consider filing a private enforcement action. This means going directly to court, either on your own or with a lawyer, to enforce the child support order.

Going It Alone

You don’t need a lawyer to file a motion to enforce child support in Texas, but it’s not a walk in the park. You’ll need to fill out the right forms, follow court procedures, and present your case to a judge. Websites like TexasLawHelp.org offer guides and forms to help, but you’ll still need to do your homework.

The upside? If you win, the court usually orders your ex to pay your court costs and, if you hired a lawyer, reasonable attorney’s fees. The downside? It’s time-consuming, and if your ex fights back, things can get complicated fast.

Hiring a Lawyer

A family law attorney can make the process smoother. They’ll handle the paperwork, represent you in court, and make sure your case is rock-solid. Plus, they can tackle related issues, like modifying the support order if your ex’s income has changed.

Sure, lawyers cost money, but if your ex is ordered to cover your legal fees, it might balance out. And honestly, having someone in your corner who knows the ins and outs of Texas law can take a huge weight off your shoulders. Look for attorneys who offer free consultations to get a feel for your options.

Defenses Your Ex Might Use

What if your ex claims they can’t pay? In Texas, they’ll need to prove it. The court doesn’t take “I’m broke” at face value. They’ll look at whether your ex:

• Genuinely can’t afford the payments (and tried to borrow or sell property to cover it).
• Was supporting the child directly (like if you handed the kids over to them for a while).
• Had a valid reason, like a medical emergency or job loss.

If they can’t back up their excuse, the court won’t let them off the hook. And here’s a heads-up: if they’re intentionally unemployed or underemployed to dodge payments, Texas courts can base child support on what they should be earning. Sneaky tactics won’t work.

Modifying the Child Support Order

Sometimes, non-payment happens because the original order isn’t realistic anymore. Maybe your ex lost their job, or your kids’ needs have changed. If that’s the case, either of you can ask the court to modify the child support amount.

You’ll need to show a “material and substantial change” in circumstances, like a big drop in income or a new medical expense for your child. The OAG can help with this, or you can file a petition through the courts. Just don’t stop paying (or expect payments) until the court approves the change—otherwise, you’re still on the hook for the original amount.

Protecting Your Kids’ Rights

At the end of the day, child support is about your kids, not you or your ex. If payments stop, it’s your children who miss out on things like new shoes, extracurricular activities, or a stable home. That’s why Texas takes enforcement so seriously and gives you multiple ways to fight back.

But it’s not just about money. Keep the lines of communication open with your kids, and don’t let your ex’s actions strain their relationship with either parent. Visitation is separate from support, so stick to the court’s schedule, even if you’re frustrated. Showing your kids you’re handling things calmly sets a strong example.

Wrapping It Up

According to legal experts who write for us on law, dealing with an ex who won’t pay child support in Texas is stressful, but you’re not powerless. From working with the OAG to filing a private lawsuit, you’ve got options to hold your ex accountable. Start by documenting missed payments, reach out to the OAG for help, and consider legal support if you need it. Texas law is on your side, with tools like wage withholding, license suspensions, and even jail time to enforce those court orders.

Your kids deserve the support they’re owed, and you don’t have to fight this battle alone. Take it one step at a time, lean on the resources available, and keep pushing for what’s right. You’ve got this.