How to Enforce a Child Support or Custody Order in Texas When the Other Parent Isn’t Complying
A Texas family court order — whether it governs child support payments, a possession schedule, or conservatorship rights — is not a suggestion. It is a court order, and a parent who fails to comply with it is subject to enforcement through the contempt power of the court that issued it. The problem most parents face when the other party stops paying support or begins violating the custody arrangement is not that the legal remedies are unavailable — they are available, and they are powerful — it is that pursuing those remedies effectively requires knowing which remedy applies to the specific violation, how to document the non-compliance, and how to move quickly enough to prevent the situation from deteriorating further before the court can act.
This post addresses child support enforcement and custody order enforcement separately, because the remedies and procedures differ significantly between the two, and because the urgency of the situation also differs depending on whether what is being violated is a financial obligation or a parenting arrangement involving access to a child.
Enforcing Child Support Orders in Texas
When the obligor — the parent ordered to pay child support — falls behind on payments, the resulting arrearage is a debt owed both to the obligee and, in cases where public assistance has been provided, to the state. Texas provides multiple enforcement mechanisms that can be pursued simultaneously.
The Office of the Attorney General’s Child Support Division provides free enforcement services to all parents with child support orders in Texas, regardless of income. The OAG can enforce support through income withholding — a direct order to the obligor’s employer to withhold the support amount from each paycheck and remit it to the State Disbursement Unit — license suspension including driver’s licenses and professional licenses, seizure of tax refunds and lottery winnings, reporting to credit bureaus, and passport denial for obligors who owe more than $2,500 in arrears. These administrative remedies do not require filing anything in court and can be pursued by contacting the OAG directly.
Private enforcement through the court that issued the original support order is available when the administrative remedies are insufficient or when the obligor is self-employed, has variable income, or has taken steps to conceal income from the OAG’s enforcement mechanisms. A motion for enforcement of child support can be filed in the original court seeking a finding of contempt. Under Texas Family Code Section 157.001, a court can hold an obligor in contempt of court for failing to comply with a child support order and can impose a fine of up to $500 per violation, confinement in county jail for up to six months per violation, or both. Each missed payment is a separate violation — a parent who has missed twelve monthly payments faces up to twelve separate contempt findings.
Texas Family Code Section 157.166 also allows the court to render a cumulative money judgment for all child support arrears, which becomes a judgment lien that can be enforced against the obligor’s property. Unlike many civil judgments, child support arrears in Texas do not have a statute of limitations under Family Code Section 157.005 — they can be enforced indefinitely, and interest accrues at six percent per year on unpaid amounts under Family Code Section 157.267.
The most powerful remedy in cases where the obligor is employed and the income withholding order is not in place or has not been served on the employer is to obtain an immediate income withholding order and serve it directly on the employer. An employer who receives a valid income withholding order is required to begin withholding immediately and is personally liable if they fail to do so.
Enforcing Custody and Possession Orders in Texas
When the other parent is violating the possession schedule — denying your court-ordered possession time, failing to return the child at the designated time, or interfering with your right to communicate with the child — the enforcement mechanisms are different from those available for support violations, and the urgency is often more acute because what is being withheld is not money but time with your child that cannot be recovered.
Texas Family Code Chapter 157 provides for enforcement of possession orders through contempt. Each instance of denied possession is a separate violation subject to a separate contempt finding. A court that finds the other parent in contempt for denying possession can impose a fine, order make-up possession time, and in cases of repeated or willful violation, order confinement in county jail.
The make-up possession remedy under Texas Family Code Section 157.168 is particularly important in possession enforcement cases. When a court finds that a parent has been denied possession in violation of a court order, the court must order make-up possession equal to the possession that was denied — the same type of possession, whether it was a regular weekend, a holiday, or a summer period. This remedy ensures that the violating parent cannot simply benefit from having withheld possession by creating a permanent reduction in the other parent’s time.
Documentation is the foundation of any successful custody enforcement proceeding. The enforcing parent needs a clear record of every specific instance of denied possession — the date, the time, what was supposed to happen under the order, what actually happened, and any communications that document the denial. Text messages are frequently the most important evidence in custody enforcement cases because they provide contemporaneous written records of the other parent’s statements about why they are denying access, which is often more candid and more damaging than anything they would say in a formal proceeding.
When Violations Are Ongoing or Escalating
When a parent is repeatedly violating the possession order or has begun making statements suggesting they intend to prevent the other parent’s access on a continuing basis, a motion for enforcement is frequently not the only appropriate remedy. A pattern of interference with possession is also grounds for a modification of the custody order — a court that finds a parent has repeatedly and willfully denied the other parent’s court-ordered possession has a statutory basis under Texas Family Code Section 156.101 to consider whether that conduct constitutes a material and substantial change in circumstances warranting a change in primary conservatorship.
The threat of a modification proceeding — in which the violating parent’s interference with the other parent’s relationship with the child is presented as evidence that they will not support that relationship going forward — is often more effective as a deterrent than the contempt remedy alone. A parent who understands that continued interference may cost them primary conservatorship has a stronger incentive to comply than one who faces only a fine.
Emergency relief is available when the child’s safety is at immediate risk. If the other parent has taken the child to an unknown location, has made statements suggesting they will not return the child, or if there is evidence that the child is being exposed to dangerous conditions, Texas Family Code Section 105.001 authorizes emergency temporary orders — including orders directing law enforcement to assist in locating and returning the child — that can be obtained on an expedited basis. These are extraordinary remedies with a high evidentiary threshold, but they are available when the circumstances warrant them.
Documenting Non-Compliance Effectively
Before filing any enforcement motion, the enforcing parent should compile a complete chronological record of every violation. For child support, this means obtaining official payment records from the Texas State Disbursement Unit — not just personal records — which provide the authoritative account of every payment received and every payment missed. For possession violations, this means a written log of every denied visit with dates, times, and what was communicated, supported by text messages, voicemails, and any other contemporaneous documentation.
The motion for enforcement must plead each violation with specificity — the date, what the order required, and what actually occurred. A motion that pleads violations in general terms without specific dates and instances will not support a contempt finding. An experienced family law attorney who has filed enforcement motions in Bexar County family courts knows the level of specificity the court expects and can ensure the motion is drafted to meet that standard.
If the other parent in your Bexar County divorce or custody case is not paying court-ordered child support, is denying your possession time, or is otherwise failing to comply with a family court order, call Barton & Associates at 210-500-0000. Our family law attorneys file enforcement motions in Bexar County’s family district courts regularly and can move quickly when the situation requires it. Consultations are free, confidential, and available 24 hours a day.
