Child support is money one parent pays to the other to help take care of a child’s needs after a divorce or separation. In Texas, this is not just a promise, it is a legal order from the court. This money helps pay for important things like food, school clothes, doctor visits, and a safe place to live. The goal is to make sure the child has what they need, no matter which parent they live with most of the time. If your ex-spouse has stopped paying child support, it can feel scary and frustrating. But Texas law gives you ways to fix the problem and protect your child’s future.
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Learn MoreWhy Child Support Matters
Children depend on both parents for support. When one parent refuses to pay what they owe, it puts extra pressure on the other parent and can hurt the child. Even if the parent who owes support is upset about something else, like custody or visitation, they still have to follow the child support order. The law sees child support as something for the child, not the parents. That means it must be paid no matter what is going on between the adults.
What the Court Order Means
If there is a child support order from a Texas court, it is a legal rule both parents must follow. This order might have been made as part of a divorce, custody case, or another family matter. If your ex is not paying, they are breaking the law. This is called being in “arrears,” which means they owe past-due payments. The longer the support goes unpaid, the more serious it becomes.
First Step Is to Stay Calm and Keep Records
Before jumping into action, it is important to keep track of everything. Write down the dates your ex missed payments and how much is owed. Keep bank records, text messages, and anything else that shows what has or has not been paid. Do not try to solve it by holding back visitation or taking matters into your own hands. That can hurt your case and make things worse. Let the law work for you.
Contact the Texas Office of the Attorney General
Texas has a Child Support Division run by the Office of the Attorney General (OAG). This office helps parents get the support their children are owed. You can open a case with them even if you already have a court order. The OAG can review your case, track payments, and take steps to collect what is past due. They do not charge you for this help. The OAG has tools that regular people do not have, like finding out where your ex works or if they have bank accounts.
Ways Texas Can Enforce Child Support
If your ex still does not pay, Texas law has strong ways to make them obey the court order. The OAG or the court can withhold money from their paycheck before they even see it. This is called wage garnishment. They can also take tax refunds, freeze bank accounts, or take away licenses like a driver’s license or hunting license. In more serious cases, the court may find them in contempt. That means the judge can fine them or even send them to jail for ignoring the order.
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Taking the Case Back to Court
Sometimes the court needs to get involved again. If your ex keeps refusing to pay, you can file something called an enforcement action. This is a legal request asking the judge to step in and make your ex follow the child support order. A judge can set up a payment plan or order the full amount to be paid right away. If your ex is working under the table or hiding money, the court can still investigate and take action. You may need a lawyer to help guide you through this process, especially if things get complicated.
What Happens If Your Ex Moves Away
If your ex moves to another state, that does not mean they can escape child support. The law still follows them. Texas works with other states to make sure parents cannot just disappear. The Uniform Interstate Family Support Act makes it possible to collect support even if your ex is living far away. The OAG and the courts can reach across state lines to find your ex and get the money your child deserves.
When Circumstances Change
Sometimes, a parent stops paying because they lost their job or got sick. Even if that happens, they still have to pay unless the court changes the order. They must go to court and ask for a modification. Until the judge says it is okay to pay less, they are still responsible for the full amount. That is why it is better for both parents to stay in touch with the court if something big changes. Ignoring the order never helps.
Getting Interest on Late Payments
In Texas, late child support payments build up interest. That means if your ex does not pay on time, they will owe more than just the original amount. The longer they wait, the more the total grows. This can add up fast and make things even harder for them later. That is one more reason to take action quickly if payments stop.
You Are Not Alone in This Process
If your ex-spouse is not paying child support, you are not alone. Thousands of parents in Texas face the same challenge. The laws are on your side, and there are people and resources who can help. The system may feel slow at times, but it does work to make sure children get the support they need. The most important thing is to stay patient, stay strong, and use the tools that the law gives you.
Protecting Your Child’s Future
Getting child support is not just about money. It is about making sure your child has the same chances as other children. It is about fairness and making sure both parents do their part. If one parent tries to walk away, Texas law will not let them. Your child deserves stability, and it is okay to ask for help making sure that happens.
Do Not Wait to Take Action
Time matters in these cases. The longer you wait, the more stress and debt can build up. If your ex has stopped paying, take the first step today. Reach out to the Texas Attorney General’s Child Support Division, keep good records, and talk with someone who knows the law. You do not have to deal with this alone, and you do not have to guess what to do next.
If your ex-spouse is not paying child support in Texas, and you are feeling lost or overwhelmed, we are here to help. At McCarty-Larson, PLLC, we help parents protect their rights and their children’s well-being. You do not have to fight this battle by yourself. Let us stand beside you and guide you through every step of the legal process. Reach out to our office today to schedule a consultation and find out how we can help you get the support your child deserves.
