How to File Criminal Non-Support Charges in Texas

To file criminal nonsupport charges in Texas, you report the nonpaying parent to the District Attorney’s office in the county where the child support order was issued or where the obligor lives. The DA decides whether to prosecute the case as a state jail felony under Section 25.05 of the Texas Penal Code.¹ This is a separate track from civil enforcement in family court, and the quality of the documentation you bring to the DA often determines whether the case moves forward.

Does Your Situation Qualify

Texas Penal Code Section 25.05 makes it a crime for a parent to intentionally or knowingly fail to provide support for their child under 18, or for a child who is the subject of a court order requiring support.¹ Those are two separate triggers. A parent can be charged without a formal support order if the child is under 18, and a parent under a court order can be charged regardless of the child’s age as long as the order is active.

The statute covers children born outside of marriage when the parent has acknowledged paternity or paternity was established through a civil suit under the Texas Family Code or the law of another state.¹ It does not cover spousal maintenance. Criminal nonsupport in Texas applies only to child support, not alimony or other court-ordered payments to a former spouse.

Evidence to Gather Before You Report

Prosecutors handle heavy caseloads, and a well-prepared report stands out. The uncorroborated testimony of the other parent is technically enough to support a conviction under the statute,¹ but DAs are far more willing to take a case when solid documentation backs it up. Collect the following before you contact anyone:

A certified copy of the support order from the clerk of the court that issued it. This proves the obligation exists and specifies the payment amount.
Payment records: bank statements, receipts, or records from the State Disbursement Unit showing what has and hasn’t been paid. Specific dates and dollar amounts matter more than general statements like “he never pays.”
A clear total of the unpaid arrearage. If you receive support through the Attorney General’s office, they maintain running totals you can request.
Identifying information for the obligor: full legal name, date of birth, Social Security number, last known address, and current or recent employer. The more identifying details you provide, the faster the process moves.
Evidence of ability to pay. Social media posts showing vacations or purchases, knowledge of the other parent’s job, or communications in which they acknowledge having money but refusing to pay. This directly undermines the one defense available to the obligor, discussed below.

If You Don’t Know Where the Other Parent Is

You cannot access the Federal Parent Locator Service directly. Requests go through a State Parent Locator Service, which means working with your state or local child support agency.² In Texas, the Attorney General’s Child Support Division is the gateway. When you apply for enforcement services, the agency can run locate searches using federal and state databases that cross-reference Social Security records, tax filings, and employer reports.

You can apply for AG enforcement services online through the AG’s portal or call (800) 252-8014 to request a paper application by mail.³ You’ll need to provide your Social Security number, driver’s license number, employment history, and as much information as possible about the other parent and your children. Online applications process faster than mailed ones.

Making the Report to the District Attorney

Criminal nonsupport complaints go to the DA in the county where the support order was issued or where the obligor lives. Contact that office directly and ask whether they have a family violence or child support enforcement division. Some larger Texas counties have dedicated intake staff for these cases.

When you make contact, bring everything from your evidence file. Explain the situation plainly: how much is owed, how long it has been unpaid, and what civil enforcement steps you have already taken. If you’re already working with the Attorney General’s Child Support Division, tell the DA. The AG’s office frequently assists local prosecutors with case preparation, and prosecutors who have worked with the AG on these cases have found they take relatively little time to prepare and present to a grand jury.⁴

What Happens After You Report

The DA’s office reviews your documentation and decides whether the evidence supports a prosecution. Not every report results in charges. Prosecutors look for clear proof that the parent had the ability to pay and intentionally chose not to. If the evidence is thin or the parent has an obvious inability-to-pay defense, the case may be declined.

When the DA moves forward, the typical path involves presenting the case to a grand jury for indictment. If the grand jury issues a true bill, an arrest warrant is issued for the obligor. The case then proceeds through the criminal court system with arraignment, possible plea negotiations, and trial if no deal is reached. Restitution of the unpaid child support is a standard component of plea agreements, with payments routed through the State Disbursement Unit so they are properly credited.⁴

A conviction is a state jail felony, punishable by 180 days to two years in a state jail facility and a fine up to $10,000.¹⁵

The Defense You Should Expect

Texas law gives the obligor one affirmative defense: that they genuinely could not provide support.¹ The burden is on the defendant to prove inability, not just unwillingness. A parent who is incarcerated, severely disabled, or genuinely destitute may raise this defense. A parent who has income or assets but chose to spend them elsewhere will not succeed with it. This is why evidence of employment, spending habits, and financial resources matters so much when you report.

When Federal Charges May Apply Instead

If the other parent has moved to a different state, federal law adds another avenue. Under 18 U.S.C. § 228, a parent who willfully fails to pay support for a child living in another state can face federal charges when the arrearage exceeds $5,000 or has been unpaid for more than one year.⁶ Federal prosecution is handled by the U.S. Attorney’s Office, not your local DA. These cases are less common than state prosecutions, but the interstate element makes them worth raising if your former spouse has left Texas to avoid paying.

Don’t Drop Your Civil Case

A criminal prosecution does not automatically get you the back support. Even with a restitution order, collection still depends on the obligor’s ability and willingness to pay. Civil enforcement runs on a separate track and gives you tools the criminal case does not: wage garnishment, property liens, license suspensions, and contempt of court.⁷ The criminal case does not replace or interfere with the family court’s ability to enter or enforce a child support order,¹ and both can run at the same time. Keeping your civil enforcement active gives you the best chance of actually collecting what you’re owed.

1
State of Texas. Texas Penal Code 25.05 – Criminal Nonsupport
2
Administration for Children and Families. Overview of Federal Parent Locator Service
3
Office of the Attorney General of Texas. How to Apply for Child Support
4
Office of the Attorney General of Texas. Criminal Nonsupport Handbook
5
State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
6
Office of the Law Revision Counsel. 18 USC 228 – Failure to Pay Legal Child Support Obligations
7
Texas State Law Library. Enforcing a SAPCR