When child support stops arriving, a New Braunfels parent feels it immediately: rent, groceries, school clothes and daycare do not wait. Texas has some of the stronger collection tools in the country, and Comal County courts use them. At the same time, parents who have fallen behind have rights and, sometimes, defenses. This page explains how enforcement works from both sides of the case.
How Arrears and Interest Build Up
Each missed or partial payment becomes arrears, also called past-due support. Under Texas law, each unpaid installment generally becomes a final judgment by operation of law when it is due and unpaid. Interest accrues on unpaid support at a rate set by statute. Over time, interest can grow into a large part of the total balance.
Two rules surprise many parents:
- Courts cannot forgive arrears. A judge can set a payment plan, but cannot erase support that has already accrued.
- Private agreements do not change the order. If parents agreed to lower or skip payments without a court order, the full amount kept accruing on the official record.
Ways to Collect Unpaid Support
Texas gives receiving parents, and the Office of the Attorney General, a range of tools. Many can be used at the same time.
| Tool | How it works |
|---|---|
| Income withholding | The employer deducts current support plus an amount toward arrears directly from pay |
| Money judgment | The court confirms the total arrears and interest owed, which can then be collected like other judgments |
| Child support lien | A lien can attach to bank accounts, real estate, vehicles, insurance proceeds and certain settlements |
| Tax refund intercept | Federal tax refunds can be redirected to pay past-due support |
| License suspension | Driver’s licenses, professional and occupational licenses, and hunting and fishing licenses can be suspended |
| Passport denial | Parents with arrears above a federal threshold can be denied a U.S. passport |
| Contempt of court | The court can order jail time, fines, and community supervision for willful failure to pay |
| Credit reporting | Arrears can be reported to credit bureaus |
Some of these tools, such as tax refund intercept and passport denial, typically run through the Attorney General’s office and federal systems. Others, like liens and contempt, are available to a private attorney as well. See our page on Attorney General cases for how the two tracks interact.
Filing an Enforcement Case in Comal County
A motion to enforce is usually filed in the court that issued the support order. If your order came from a Comal County district court, the case goes back there. If it came from Guadalupe County or another Texas county, that court generally hears the enforcement. Orders from other states can be registered and enforced in Texas under interstate rules.
A strong enforcement motion is specific. For contempt, Texas law requires that the motion identify each payment that was missed, the date it was due and the amount. Vague claims do not support a contempt finding. The most reliable proof is the payment history from the State Disbursement Unit, which shows every payment received and when.
Steps to Prepare
- Get a copy of the current order and any later modifications.
- Request the payment history from the State Disbursement Unit or through the Attorney General’s online portal.
- Note any direct payments you received outside the official system, and be ready to credit them honestly.
- Gather information about the other parent’s employer, bank, property and licenses.
- Decide which remedies you want, such as a money judgment, wage withholding, contempt, or all three.
If You Are the Parent Who Owes
Falling behind does not make someone a bad parent. Layoffs, injuries, and the cost of living in a growing area like New Braunfels can make payments hard. What matters is how you respond.
- Keep paying what you can. Partial payments reduce the balance and show good faith.
- File for a modification if your income has dropped. A reduction usually cannot reach back before the other parent is served. Our page on child support modification explains the process.
- Respond to every notice. Ignoring an enforcement motion or AG letter almost always makes things worse.
- Gather your proof. Receipts, bank records and texts can show payments the official record missed.
Possible Defenses
Texas law recognizes a few defenses and credits, including:
- Inability to pay can be a defense to contempt, though not to the debt itself. The parent must prove they lacked the ability to pay, had no property that could be sold or borrowed against, and tried unsuccessfully to borrow the money.
- Voluntary relinquishment. If the receiving parent voluntarily gave the child to the paying parent for longer than the court-ordered possession time, and the paying parent supported the child during that time, the paying parent may be able to claim a credit.
- Payment disputes. Proof of payments that were made but not recorded.
These defenses are technical and evidence-heavy. A lawyer can tell you which, if any, fit your situation.
Practical Tips While a Case Is Pending
Keep paying through the State Disbursement Unit rather than in cash. Save every receipt. Communicate in writing and stay civil, because messages are often read aloud in court. If you are owed support, avoid informal side deals that could be framed as a waiver. If you owe support, bring proof of your job search or medical limits to every hearing.
Support Arrears After the Child Turns 18
The duty to pay current support may end when a child graduates or turns 18, but arrears do not disappear. Texas allows enforcement for years afterward, and withholding often continues until the balance is paid. If support should be continuing past 18 for a high-school senior or a disabled adult child, see our page on support after 18.
Enforcement Alongside Other Orders
Unpaid support often comes with other problems, such as missed visits, unpaid medical bills or property terms that were never carried out after a divorce. Those issues can sometimes be raised in the same proceeding. Our pages on custody enforcement and enforcing a divorce decree cover those situations.
Get Help With Unpaid Child Support in New Braunfels
Whether you are owed months of support or facing an enforcement motion, the details of the order and payment record will drive the outcome. Our family law attorneys represent parents on both sides of enforcement cases in New Braunfels, Comal County, and the surrounding counties. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
How far back can I collect unpaid child support in Texas?
Texas allows collection of arrears for years after a child turns 18, and a money judgment for support can be renewed and enforced for a long time after that. The specific deadlines depend on the type of enforcement you seek, so do not assume it is too late. Talk with a lawyer about your order’s history.
Can child support arrears be discharged in bankruptcy?
No. Under federal bankruptcy law, domestic support obligations, including child support arrears, are not discharged. Bankruptcy can affect how and when some collection happens, but the debt remains.
Will the other parent go to jail for not paying?
It is possible but not automatic. Jail is one remedy available in a contempt case, and judges often suspend a sentence on the condition that the parent pays current support plus an amount toward arrears. Many cases are resolved with payment plans and wage withholding.
Can I keep the children from visiting until the other parent pays?
No. In Texas, child support and possession are separate. Denying court-ordered visitation because support is unpaid can lead to an enforcement action against you. Use the legal tools for collecting support instead.
What if I paid the other parent directly instead of through the state?
Direct payments may not be credited automatically if your order requires payment through the State Disbursement Unit. You may be able to prove them with bank records, canceled checks or written receipts, but disputes are common. Pay through the official channel to protect yourself.
Last reviewed November 13, 2026. General information only, not legal advice.