When Child Support Is Not Paid: Understanding Failure to Pay and Criminal Non-Support in Austin, Texas

Child support is not merely a financial obligation—it is a legal duty enforced by the full authority of the court. When a parent fails to pay court-ordered child support, the consequences can be severe. Civil enforcement actions can result in wage garnishment, license suspension, and contempt of court with potential jail time. In the most serious cases, failure to pay child support can escalate to criminal non-support—a felony offense carrying prison sentences and lasting criminal records.

At Barton & Associates, Attorneys at Law, we represent both custodial parents seeking to enforce child support orders and parents facing enforcement actions or criminal charges for non-payment. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to child support enforcement and defense matters. We understand the serious consequences that flow from non-payment and the legal strategies available on both sides of these cases.

Whether you are a custodial parent seeking to collect unpaid support or a parent facing civil enforcement or criminal charges for failure to pay, we provide the strategic guidance you need to protect your rights and your children’s financial future.

Understanding Civil Enforcement vs. Criminal Non-Support

Failure to pay child support can result in two distinct types of legal action: civil enforcement and criminal prosecution. Understanding the difference is essential for anyone involved in a child support case.

Civil Enforcement:

Civil enforcement is the process by which the court compels compliance with a child support order. Civil enforcement remedies include:

• Contempt of court (which can result in jail time)

• Wage withholding

• License suspension (driver’s, professional, recreational)

• Interception of tax refunds

• Liens on property

• Credit bureau reporting

• Passport denial

Civil enforcement is focused on compelling future compliance and collecting past-due support (arrears). The goal is to enforce the existing order, not to punish the parent for past violations, though contempt can have punitive aspects.

Criminal Non-Support:

Criminal non-support is a criminal offense under Texas law. A parent who intentionally and knowingly fails to pay child support may be charged with a crime. Criminal non-support is not a collection mechanism—it is a criminal prosecution with the purpose of punishing the offender.

Criminal non-support can be charged as:

• State Jail Felony: For failure to pay support for more than 12 months or support owed exceeds $10,000. Punishment includes 180 days to 2 years in state jail and fines up to $10,000.

• Third-Degree Felony: For failure to pay support for more than 24 months or support owed exceeds $20,000. Punishment includes 2 to 10 years in prison and fines up to $10,000.

For families in Austin, understanding the distinction between civil enforcement and criminal prosecution is essential to navigating the legal system.

What Happens When You Don’t Pay Child Support in Texas?

When a parent fails to pay court-ordered child support, the consequences escalate based on the amount of arrears and the duration of non-payment.

Immediate Consequences:

• Arrears Accumulate: Unpaid support continues to add up, and interest accrues on the unpaid balance.

• Credit Reporting: Child support arrears are reported to credit bureaus, damaging the parent’s credit score.

• Enforcement Actions: The custodial parent or the Office of the Attorney General (OAG) may file a motion for enforcement.

Progressive Consequences:

• Wage Withholding: The court can order the parent’s employer to deduct child support directly from wages.

• License Suspension: Driver’s license, professional license, and hunting/fishing license can be suspended.

• Tax Refund Intercept: Federal and state tax refunds can be intercepted to pay arrears.

• Property Liens: Liens can be placed on real property, vehicles, and other assets.

Contempt of Court:

If the parent willfully fails to pay, the court can hold them in contempt. Contempt can result in:

• Fines of up to $500 per violation

• Jail time of up to six months per violation

• Attorney’s fees for the other party

Criminal Prosecution:

If the parent fails to pay for an extended period or owes a significant amount, they may be charged with criminal non-support—a felony offense.

For parents in Austin facing enforcement, understanding the escalating consequences is essential to taking timely action.

What Is Criminal Non-Support in Texas?

Criminal non-support is a crime under Texas Penal Code Section 25.05. A person commits criminal non-support if they intentionally or knowingly fail to provide support for their child after being ordered to do so by a court.

Elements of the Crime:

To prove criminal non-support, the state must show:

1. The defendant is the parent of a child; and

2. The defendant was ordered by a court to pay child support; and

3. The defendant intentionally or knowingly failed to pay; and

4. The failure to pay was for a specified period or amount.

Thresholds for Felony Charges:

• State Jail Felony: Failure to pay for more than 12 months or support owed exceeds $10,000.

• Third-Degree Felony: Failure to pay for more than 24 months or support owed exceeds $20,000.

Defenses to Criminal Non-Support:

Common defenses include:

• Inability to Pay: If the parent lacked the financial ability to pay, they may not have “intentionally or knowingly” failed to pay.

• Lack of Knowledge: If the parent did not know about the support order or the amount due.

• Payment Made: If the parent can show they actually paid the support.

• Modification Pending: If the parent was seeking modification at the time payments stopped.

The Importance of Seeking Modification:

One of the most important defenses to criminal non-support is that the parent sought modification of the support order. If a parent loses their job or experiences other changed circumstances, seeking modification demonstrates good faith and may prevent criminal charges.

For parents in Austin facing criminal non-support charges, experienced legal representation is essential to protecting their freedom.

Civil Contempt for Failure to Pay Child Support

Civil contempt is the most common enforcement tool for child support. Unlike criminal non-support, which is prosecuted by the state, contempt is initiated by the custodial parent or the OAG.

What the Custodial Parent Must Prove:

To hold a parent in contempt for failure to pay child support, the moving party must prove:

1. There is a valid child support order.

2. The order is clear and specific.

3. The parent had knowledge of the order.

4. The parent had the ability to pay.

5. The parent willfully failed to pay.

Consequences of Contempt:

If the court finds a parent in contempt, it can:

• Order jail time (up to six months per violation)

• Impose fines

• Order payment of attorney’s fees

• Require the parent to pay arrears through a payment plan

Purging the Contempt:

In most cases, the court will give the parent an opportunity to “purge” the contempt—to avoid jail time by complying with the court’s orders. A purge may require:

• Paying a specified amount toward arrears

• Making regular support payments going forward

• Complying with other conditions set by the court

Defenses to Contempt:

Defenses to contempt include:

• Inability to pay (must be proven, not self-created)

• Lack of knowledge of the order

• Payment already made

• Mistake in the amount sought

For parents in Austin facing contempt proceedings, understanding the available defenses is essential to avoiding jail time.

Can You Go to Jail for Not Paying Child Support in Texas?

Yes. In Texas, parents can go to jail for failing to pay child support. Jail time can result from both civil contempt and criminal non-support.

Jail for Contempt:

In civil contempt, a parent can be jailed for up to six months per violation. The jail sentence may be probated (suspended) conditioned on the parent making payments. If the parent fails to comply with the conditions, they can be ordered to serve the jail time.

Jail for Criminal Non-Support:

Criminal non-support is a felony offense. A conviction can result in:

• State jail felony: 180 days to 2 years in state jail

• Third-degree felony: 2 to 10 years in prison

The Difference:

• Contempt: The purpose is to coerce compliance. The parent can avoid jail by paying.

• Criminal: The purpose is to punish. The parent may be sentenced to prison even if they later pay.

For parents in Austin, the possibility of jail time makes prompt action essential when facing child support issues.

Defenses to Failure to Pay Child Support

Parents who are unable to pay child support have defenses available in both civil and criminal proceedings. Understanding these defenses is essential to protecting against enforcement and prosecution.

Inability to Pay:

Inability to pay is the most common defense. To prove inability to pay, the parent must show:

• Loss of employment or reduction in income

• Efforts to find new employment

• Inability to borrow money or obtain other resources

• That the inability to pay is not self-created

Self-Created Inability:

If a parent voluntarily quit a job, was fired for misconduct, or intentionally reduced their income to avoid support, the court may find that the inability to pay is self-created. Self-created inability is not a defense.

Seeking Modification:

If a parent’s circumstances have changed, seeking modification of the support order demonstrates good faith. Courts are more likely to be lenient with parents who have taken steps to address their changed circumstances.

Payment Made:

If the parent can show they actually made the payments, or that payments were made by others on their behalf, that is a complete defense.

Lack of Knowledge:

If the parent did not know about the support order or the amount due, they may not have “willfully” failed to pay. This defense is most common in paternity cases where the parent was not properly served.

For parents in Austin facing enforcement, presenting these defenses effectively requires skilled legal representation.

How to Avoid Criminal Charges for Unpaid Child Support

The best way to avoid criminal charges for unpaid child support is to take proactive steps before charges are filed. If you are falling behind on support, do not wait.

Steps to Take:

1. Seek Modification Promptly: If your circumstances have changed—job loss, disability, reduction in income—file a motion to modify child support immediately.

2. Document Your Efforts: Keep records of job searches, applications, and any efforts to find employment.

3. Make Partial Payments: If you cannot pay the full amount, pay what you can. Partial payments demonstrate good faith.

4. Communicate with the OAG: If the Office of the Attorney General is involved, communicate with your caseworker about your circumstances.

5. Keep Records: Document your attempts to pay, your communications with the other parent and the OAG, and your efforts to seek modification.

6. Consult an Attorney: If you are falling behind, consult an attorney before enforcement actions escalate to criminal charges.

If Charges Have Been Filed:

If you are already facing criminal non-support charges, your attorney can help you:

• Present evidence of inability to pay

• Show that you sought modification

• Negotiate with prosecutors

• Seek alternatives to incarceration

For parents in Austin, taking proactive steps is essential to avoiding the serious consequences of criminal non-support.

Frequently Asked Questions About Failure to Pay Child Support in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about the consequences of failing to pay child support. Here are the answers to the most common inquiries we receive.

How much child support debt can you have before going to jail?

There is no specific dollar amount that triggers jail time. Jail time can result from contempt for any willful failure to pay, regardless of the amount owed. Criminal charges may be filed when arrears exceed $10,000 or non-payment exceeds 12 months.

Can I go to jail if I lost my job and can’t pay?

Possibly, but inability to pay is a defense. If you lost your job through no fault of your own and have made efforts to find new employment, you are less likely to face jail time. However, you must seek modification promptly—simply stopping payments is not a defense.

What if I was never properly served with the support order?

If you were never properly served with the support order, you may not have knowledge of the order, which can be a defense to both contempt and criminal charges. However, you should address this promptly to avoid further consequences.

Can the other parent drop criminal charges?

No. Criminal non-support is prosecuted by the state, not by the other parent. While the other parent’s wishes may be considered, the decision to prosecute rests with the district attorney’s office.

Will I lose my driver’s license for not paying child support?

Yes. The court can order the suspension of your driver’s license for failure to pay child support. The Texas Department of Public Safety (DPS) will suspend your license upon court order.

Can child support arrears be discharged in bankruptcy?

No. Child support obligations are not dischargeable in bankruptcy. Arrears will survive bankruptcy and must still be paid.

What if I have a disability and cannot work?

If you have a disability that prevents you from working, you may be unable to pay child support. You should seek modification of the support order based on changed circumstances. Social Security disability benefits may be considered income for child support purposes.

Why Barton & Associates for Failure to Pay Child Support Matters in Austin

Failure to pay child support carries serious consequences—both civil and criminal. Whether you are seeking to collect unpaid support or facing enforcement or criminal charges, you need experienced legal representation. The attorneys at Barton & Associates bring decades of experience to child support enforcement and defense matters.

We are deeply rooted in the Austin legal community. We have handled child support enforcement matters in Travis County family courts for decades and understand how local judges and prosecutors approach these cases. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your circumstances, whether you are a custodial parent seeking to collect support or a parent facing enforcement. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Resolution

If you are owed child support that has not been paid, or if you are facing enforcement or criminal charges for failure to pay child support, prompt action is essential. At Barton & Associates, we are here to help.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced family law attorney about your child support matter. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you resolve your child support matter and move forward.

Main Category: Family Law Austin
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)