Back child support in Texas comes in two forms: retroactive support, which a court orders for a period when no support order was yet in place, and arrears, which are missed payments on an order that already existed. Both accrue 6% simple interest per year, both can trigger wage garnishment, license suspension, tax-refund intercepts, passport denial, and jail for contempt, and neither can be forgiven once the payments have come due. Texas has no general time limit for collecting either one.
Retroactive Support and Arrears Are Not the Same Debt
Retroactive child support covers a period before any court order existed. If a parent paid nothing toward a child’s expenses for years before the other parent filed suit, a Texas court can reach back and order payment for that gap.1State of Texas. Texas Code FAM – Retroactive Child Support Arrears are different. They are the running tab of missed or partial payments after a support order was already in effect. The Office of the Attorney General tracks both and can enforce either.2Office of the Attorney General. Child Support Enforcement
How Retroactive Support Is Calculated
Texas law presumes retroactive support covers the four years immediately before the lawsuit was filed.3State of Texas. Texas Code FAM – Retroactive Child Support A court can go further back if the parent knew about the child and deliberately dodged service of process to avoid paying. When parents separated, reunited, and split again, the court can order retroactive support back to the second separation date.1State of Texas. Texas Code FAM – Retroactive Child Support
The dollar amount comes from the same percentage-of-income formula used for ongoing support. Texas applies these percentages to the paying parent’s monthly net resources (gross income minus taxes, Social Security, health insurance premiums for the child, and union dues):
- One child: 20%
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five or more children: 40%
A judge will also consider whether the non-paying parent provided informal help during the retroactive period (groceries, daycare, medical bills) and may credit those contributions against the total.
Interest on Unpaid Support
Every missed dollar begins accruing interest automatically. Texas charges 6% simple interest per year on delinquent balances, starting the first day of the month after the payment was due.4State of Texas. Texas Code FAM – Accrual of Interest on Child Support The rate is fixed by statute. It does not move with market rates or the parent’s financial situation. On a $10,000 arrearage, that adds $600 per year. Interest does not compound; it accrues on the unpaid principal only.
When a payment comes in, Texas law applies it in a set order. Current monthly support gets paid first. Anything left over goes to the principal balance of arrears. Interest is paid last. Partial payments can therefore keep the interest balance climbing even while the principal slowly shrinks.
Administrative Collection: What the State Can Do Without a New Court Order
Most of the state’s collection tools do not require the Attorney General to go back before a judge. They kick in automatically or through internal agency action.
Wage Withholding and Income Intercepts
Wage withholding produces roughly 80% of all child support collected in Texas. Once the AG’s office identifies an employer, it sends an Order to Withhold Income, and the employer must begin deducting immediately even if the employee disputes the amount.5Office of the Attorney General. Wage Withholding
Beyond paychecks, the state intercepts federal and state tax refunds and lottery winnings. Social Security disability benefits (SSDI) can be garnished at rates up to 65%.6Social Security Administration. How Garnishment Withholding Is Calculated Supplemental Security Income (SSI) is completely exempt because it is need-based.7Administration for Children and Families. Garnishment of Supplemental Security Income Benefits
Liens on Property and Accounts
The state can file child support liens against real estate, vehicles, and bank accounts.8State of Texas. Texas Code FAM – Child Support Lien A lien does not seize the property, but it blocks any sale or refinance until the debt is paid. Try to sell a house with a child support lien on the title and the arrearage comes out of the proceeds before you see a dollar.
License Suspensions
Texas can suspend nearly any state-issued license (driver’s license, professional certifications for trades like plumbing or nursing, and hunting or fishing permits) once a parent owes the equivalent of at least three months of support and has failed to follow a repayment plan.9State of Texas. Texas Family Code 232.003 – Suspension of License
Credit Bureau Reporting
Overdue child support can be reported to consumer credit agencies, where it stays on the report for up to seven years.10Office of the Law Revision Counsel. 15 U.S. Code 1681s-1 – Information on Overdue Child Support Obligations There is no minimum dollar threshold. Reported arrears can block rental applications, auto loans, and mortgages until the balance is resolved.
Court Enforcement and Jail Time
When administrative tools do not produce payment, the custodial parent or the state can file a Motion to Enforce. The court reviews payment records, confirms the total arrearage and interest owed, and issues a money judgment. That judgment stays enforceable until the debt is fully paid. It does not expire when the child turns 18.
The most serious judicial penalty is a finding of contempt of court. A judge can sentence a parent to up to 180 days in jail for each separate violation of the support order. That is per missed payment, not per case, so months of nonpayment stack into substantial jail exposure. Courts can also place the parent on community supervision with employment, repayment, and reporting conditions.
On top of confinement, the court can order the delinquent parent to pay the other parent’s attorney’s fees and all court costs.11State of Texas. Texas Family Code 157.507 – Attorneys Fees and Costs A judge may also require a bond guaranteeing future payments.
Federal Consequences: Passport Denial and Criminal Charges
A parent who owes $2,500 or more in past-due support cannot obtain a U.S. passport, including new applications and renewals. The State Department will also revoke a current passport when the parent submits it for routine services like extra pages or a name change.12U.S. Department of State. Pay Child Support Before Applying for a Passport Even after payment brings the balance below the threshold, it takes two to three weeks for federal agencies to remove the parent from the denial list.13Administration for Children and Families. Passport Denial Program 101
Federal criminal charges are also available. Under 18 U.S.C. ยง 228, willfully failing to pay support for a child living in another state is a federal misdemeanor if the debt exceeds $5,000 or has gone unpaid for more than a year, carrying up to six months in federal prison. If the arrearage exceeds $10,000 or has gone unpaid for more than two years, it becomes a felony punishable by up to two years.14Office of the Law Revision Counsel. 18 U.S. Code 228 – Failure to Pay Legal Child Support Obligations These prosecutions are rare, but the U.S. Department of Justice does pursue them in egregious cases.15U.S. Department of Justice. Citizens Guide to U.S. Federal Law on Child Support Enforcement
Arrears Cannot Be Erased
Two federal laws make child support arrears uniquely permanent. The first is the Bradley Amendment, which bars any state from retroactively reducing or forgiving child support that has already come due. Once a monthly payment’s due date passes, that debt is locked in as a judgment by operation of law. No court in any state can wipe it out.16Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures The only narrow opening is that a court can modify support back to the date a modification petition was filed and properly served, never earlier.
The second is the Bankruptcy Code. Child support is a domestic support obligation, and federal law explicitly bars its discharge in Chapter 7, Chapter 13, or any other bankruptcy.17Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge A parent who files bankruptcy may clear credit card debt and medical bills, but the child support arrearage survives intact, interest and all.
Modifying Future Payments
The going-forward amount can be changed even though past-due amounts cannot. Either parent can file a petition to modify the order after a material and substantial change in circumstances, such as a significant income change, job loss, a new disability, or a major shift in the child’s needs.18State of Texas. Texas Code FAM – Modification of Child Support Order Modifications apply only from the date the petition is served. They never erase what has already accumulated.
This is where most people get into trouble. They assume a judge will be sympathetic and forgive the balance when circumstances change. The judge may well be sympathetic, but federal law ties the court’s hands on anything already due. If your circumstances change, file for modification immediately. Waiting builds an arrearage no court can later reduce.
Taxes on Back Support Payments
Child support payments, including lump-sum payments on arrears, are not taxable income for the parent receiving them and are not deductible for the parent paying them.19Internal Revenue Service. Alimony, Child Support, Court Awards, Damages A parent who receives a $30,000 lump-sum arrearage payment does not report it on a tax return, and the parent who pays it gets no deduction. The IRS does intercept tax refunds to satisfy arrears, and that intercept applies to the full refund amount, including any earned income tax credit the paying parent qualified for.