Child support is meant to help cover essential expenses—food, clothing, education, and medical care—for your child. So when those payments stop showing up, it’s not just an inconvenience. It’s a threat to your child’s stability. Whether it’s a one-off delay or a pattern of missed payments, the law gives you real tools to respond. And trust us, knowing your rights makes a huge difference.
So, what exactly happens when your co-parent falls behind—and how do you hold them accountable? Let’s break it down.
First Things First: Confirm the Details
Before you hit panic mode, verify the facts. Is the payment late or missing altogether? Did your ex switch jobs or bank accounts recently? Sometimes the issue is just a processing hiccup. But if the payment is overdue and communication is dodgy, don’t sit on it.
Keep a record of all missed payments, any communication attempts, and your custody agreement. Courts take documentation seriously, and the more you’ve got in writing, the stronger your case becomes.
Legal Remedies When Support Goes Unpaid
Under Texas law, missed child support payments—also known as arrears—don’t just go away. The owing parent is still responsible for paying every dollar they’ve skipped. And the state doesn’t play around. Judges have a wide range of enforcement powers, including:
- Wage garnishment
- Tax refund interception
- Property liens
- Suspension of driver’s or professional licenses
- Contempt of court charges, which can include jail time
In severe cases, courts can even refer the matter for criminal prosecution. So, if you’re working with a child support lawyer, ask about which remedies might work best for your situation.
Filing an Enforcement Action
The most common route to getting what you’re owed is filing a motion for enforcement. This tells the court, “Hey, the other parent is not following the order.” You’ll need to include proof of the missed payments and outline what the court originally ordered. From there, the court can issue a hearing date, and the delinquent parent will be required to respond.
If the court agrees they’ve violated the order, they can face fines, be ordered to pay the arrears immediately or in installments, and may be required to cover your legal fees.
Working with an experienced divorce lawyer ensures your enforcement motion is airtight and increases your chances of a speedy resolution.
What If They Claim They Can’t Pay?
Courts don’t typically accept “I can’t pay” as a long-term excuse unless the parent has filed for a legal modification. A temporary job loss or illness might grant a brief delay, but until a new court order is issued, the full amount remains due.
This is why it’s important to act fast. Delays can make it harder to collect back support down the road. If your case involves significant delays, a family law attorney can help assess whether interest should be added to the total owed.
Protecting Your Child—And Your Sanity
Ultimately, child support isn’t about punishing the other parent. It’s about making sure your child doesn’t go without. And if enforcing the order feels like one more battle, you’re not alone.
Many parents feel exhausted trying to balance co-parenting with legal headaches. But support enforcement is one area where the law is firmly on your side. Don’t be afraid to use it. And don’t wait too long to call in professionals when needed.
Talk to a Lawyer Sooner, Not Later
At the end of the day, missed payments are more than just numbers—they’re missed meals, school supplies, and peace of mind. You deserve better, and more importantly, so does your child.
Get Support from the Team That Understands Child Support Law
Looking for help with unpaid support or other family law issues? Reach out to the team at Daniel Ogbeide Law, trusted divorce attorneys & family lawyers in Austin. Whether you’re dealing with late child support, complex enforcement actions, or ongoing custody concerns, we’re here to guide you through the process with care and clarity. Browse our FAQs or contact us today to speak with a lawyer directly.
Call now: +1 512-366-3495