Failure to Pay Child Support & Criminal Non-Support: Protecting Your Rights in Corpus Christi

Child support is a legal obligation rooted in the fundamental principle that both parents share responsibility for their child’s financial well-being. When a parent falls behind on payments, the consequences can be severe—not only for the child who is deprived of needed resources, but also for the parent who faces escalating arrears, interest, and potentially even criminal charges. In Texas, failure to pay child support is not merely a civil matter. Under certain circumstances, it can rise to the level of criminal non-support, carrying the possibility of fines, probation, and even incarceration.

At Barton & Associates, Attorneys at Law, we represent parents on both sides of this difficult issue. Whether you are a custodial parent struggling to collect the support your child needs, or a non-custodial parent facing enforcement actions or criminal charges for non-payment, we provide the experienced, knowledgeable representation you need. With a deep understanding of the Nueces County family district courts—including the 148th, 214th, 347th, and 319th District Courts—as well as the criminal courts of Nueces County, we help our clients navigate the complex intersection of civil and criminal enforcement of child support obligations.

Understanding the Consequences of Failing to Pay Child Support in Texas

When a parent fails to pay child support as ordered by the court, the consequences can escalate quickly. Texas law provides a range of enforcement mechanisms, from administrative actions to civil contempt proceedings to criminal prosecution. Understanding these consequences is essential for any parent facing child support issues.

The first consequence of non-payment is the accumulation of arrears—past-due child support. Under Texas law, unpaid child support accrues interest at a rate of six percent per year. This means that a relatively small delinquency can grow into a substantial debt over time. Unlike other debts, child support arrears have no statute of limitations. They can be collected at any time, even years after the child has reached adulthood.

Beyond the accumulation of debt, parents who fail to pay child support face a range of enforcement actions. These include:

• Wage withholding: The court can order that child support be deducted directly from the parent’s paycheck.

• Bank account levies: The court can order that funds be taken from the parent’s bank account to satisfy arrears.

• Tax refund intercept: Federal and state tax refunds can be intercepted and applied to child support arrears.

• License suspension: The Texas Attorney General’s Child Support Division can seek suspension of driver’s licenses, professional licenses, and even hunting and fishing licenses.

• Passport denial: Parents who owe more than $2,500 in child support are ineligible for a U.S. passport.

• Contempt of court: A parent who willfully fails to pay child support can be held in civil contempt, which can result in fines and incarceration until the parent complies with the order.

• Criminal non-support: In cases of persistent, willful non-payment, a parent can be charged with a criminal offense.

At Barton & Associates, we help clients understand these consequences and develop strategies to address them. Whether you are seeking to collect support that is owed to you or defending against enforcement actions, we provide the guidance and representation you need.

Civil Contempt for Failure to Pay Child Support

One of the most common enforcement tools in child support cases is civil contempt. Under Texas law, a parent who willfully disobeys a child support order can be held in contempt of court. Civil contempt is designed to coerce compliance with the court’s order, and it carries the possibility of incarceration.

When a motion for contempt is filed, the court will hold a hearing to determine whether the parent (the obligor) has willfully failed to pay child support as ordered. If the court finds that the parent had the ability to pay but chose not to, the parent can be found in contempt. The court can then impose sanctions, including:

• A fine: The court can impose a fine for each violation of the support order.

• Attorney’s fees: The court can order the parent to pay the other parent’s attorney’s fees incurred in bringing the contempt action.

• Incarceration: The court can order the parent to be confined in the Nueces County Jail until the parent pays a specified amount toward the arrears or complies with the support order. This is often referred to as “purge” incarceration—the parent can be released by making a payment or coming into compliance.

It is important to understand that civil contempt is not a criminal proceeding. The goal is not to punish the parent but to compel compliance. However, incarceration is a real consequence, and parents facing contempt proceedings need experienced legal representation to protect their rights.

Criminal Non-Support in Texas

Beyond civil contempt, Texas law provides for criminal prosecution of parents who fail to support their children. Criminal non-support is a separate offense with more serious consequences, including a permanent criminal record, probation, and state jail or prison time.

Under the Texas Penal Code, a parent commits the offense of criminal non-support if the parent intentionally or knowingly fails to provide support for the parent’s child, and the parent has the ability to provide support. The offense is generally a state jail felony, punishable by confinement in a state jail facility for up to two years and a fine of up to $10,000.

Criminal non-support can also be prosecuted as a third-degree felony if the parent has been previously convicted of criminal non-support or if the parent has a prior conviction for a similar offense in another jurisdiction.

The distinction between civil contempt and criminal non-support is significant. Civil contempt is about coercing compliance—the parent can typically avoid incarceration by making a payment or coming into compliance with the support order. Criminal non-support is about punishment for past conduct. A conviction for criminal non-support results in a permanent criminal record, which can affect employment, housing, and other aspects of the parent’s life.

If you are facing criminal non-support charges in Nueces County, it is essential to have experienced legal representation. Our attorneys understand the criminal justice system in Corpus Christi and can help you navigate the process, protect your rights, and work toward the best possible outcome.

Defending Against Enforcement Actions and Criminal Charges

Parents who fall behind on child support often do so for legitimate reasons. Job loss, medical emergencies, disability, or other unforeseen circumstances can make it impossible to meet a support obligation. In many cases, the parent simply cannot pay—not because they are unwilling, but because they are unable.

When facing enforcement actions or criminal charges, several defenses may be available:

• Lack of ability to pay: If the parent did not have the financial resources to pay the support, they cannot be held in contempt or convicted of criminal non-support. Ability to pay is a key element of both civil contempt and criminal non-support.

• Lack of willfulness: Civil contempt requires that the failure to pay was willful—meaning the parent had the ability to pay but chose not to. If the failure was due to circumstances beyond the parent’s control, contempt is not appropriate.

• Mistake or error: If the amount of arrears claimed is incorrect due to clerical errors, misapplied payments, or other mistakes, the enforcement action may be defeated or reduced.

• Pending modification: If the parent has filed a petition to modify the support order, the court may stay enforcement proceedings pending the outcome of the modification.

At Barton & Associates, we carefully evaluate the circumstances of each case to identify defenses and develop strategies for our clients. Whether we are negotiating with the Attorney General’s office, appearing in family court, or defending a client in criminal court, we provide aggressive, knowledgeable representation.

What to Do If You Are Facing Enforcement or Criminal Charges

If you are facing enforcement actions or criminal charges for failure to pay child support, the most important step you can take is to act quickly. Ignoring the problem will only make it worse. Arrears will continue to accumulate, interest will accrue, and the consequences will become more severe.

Here are steps to take if you are facing enforcement:

1. Do not ignore court notices. If you receive a motion for contempt, a notice of hearing, or any other court document, do not ignore it. Failure to appear can result in a default judgment against you, including a warrant for your arrest.

2. Gather documentation of your financial circumstances. If you have lost your job, have medical documentation of an illness or disability, or have other evidence that explains your inability to pay, gather that documentation. It will be essential in defending against enforcement actions.

3. Seek a modification. If your circumstances have changed and you cannot meet your current support obligation, file a petition to modify the support order as soon as possible. A modification can reduce your ongoing obligation and may also address arrears.

4. Contact an attorney. Enforcement actions and criminal charges are serious matters. An experienced family law attorney can help you understand your rights, develop a defense strategy, and negotiate with the Attorney General’s office or the district attorney.

Enforcement from the Custodial Parent’s Perspective

If you are the custodial parent and the other parent is not paying child support, you have the right to seek enforcement. The Texas Attorney General’s Child Support Division can assist with enforcement, but there are advantages to retaining private counsel.

When you work with our firm, we can:

• File a motion for contempt: We can initiate contempt proceedings to hold the non-paying parent accountable.

• Seek wage withholding: We can ensure that support is deducted directly from the non-paying parent’s paycheck.

• Pursue license suspension: We can seek suspension of the non-paying parent’s driver’s license, professional licenses, and other licenses.

• Request attorney’s fees: We can ask the court to order the non-paying parent to pay your attorney’s fees, reducing the financial burden of enforcement.

• Coordinate with the Attorney General’s office: We can work alongside the Attorney General’s office to ensure that all available enforcement tools are utilized.

We understand that waiting for child support payments can be financially and emotionally draining. Our goal is to move your case forward as efficiently as possible, securing the support your child needs and deserves.

Resolving Arrears Through Compromise or Payment Plans

In many cases, the best outcome for both parents is a negotiated resolution of arrears. A parent who owes back child support may be able to reach an agreement with the other parent or the Attorney General’s office to pay the arrears over time, or even to compromise the amount owed.

The Attorney General’s Child Support Division has the authority to enter into payment plans for arrears, allowing the parent to make monthly payments in addition to current support. In some cases, the Attorney General may agree to a compromise of arrears if the parent can demonstrate that the full amount cannot be collected.

If you are a parent who owes arrears, we can help you negotiate a manageable payment plan or seek a compromise of the amount owed. If you are a custodial parent owed arrears, we can help you evaluate any proposed compromise and ensure that it is in your child’s best interest.

The Role of the Texas Attorney General in Enforcement

The Texas Attorney General’s Child Support Division is the primary agency responsible for child support enforcement in Texas. The Attorney General’s office has broad powers to locate non-paying parents, establish paternity, establish and enforce support orders, and collect payments.

When a parent falls behind on child support, the Attorney General’s office may initiate enforcement actions, including:

• Administrative wage withholding: The office can order that support be deducted from the parent’s paycheck without a court order.

• License suspension: The office can initiate proceedings to suspend the parent’s driver’s license, professional licenses, and other licenses.

• Tax refund intercept: The office can intercept federal and state tax refunds and apply them to child support arrears.

• Contempt proceedings: The office can file motions for contempt in the district courts.

While the Attorney General’s office provides valuable services, there are limitations to what the state can do. The office handles a high volume of cases and may not be able to provide the individualized attention that complex cases require. Additionally, the office’s primary client is the State of Texas, not the individual custodial parent. Private counsel can provide more aggressive, tailored representation.

Frequently Asked Questions About Failure to Pay Child Support and Criminal Non-Support

Can I go to jail for not paying child support in Texas?

Yes. In Texas, a parent who willfully fails to pay child support can be held in civil contempt and incarcerated until they make a payment or come into compliance with the support order. Additionally, criminal non-support is a state jail felony that can result in confinement in a state jail facility for up to two years.

What is the difference between civil contempt and criminal non-support?

Civil contempt is a civil enforcement mechanism designed to coerce compliance with a court order. A parent found in civil contempt can be incarcerated until they pay a specified amount or comply with the order. Criminal non-support is a criminal offense that results in a permanent criminal record. Criminal non-support is prosecuted by the district attorney’s office, not by the Attorney General’s office or the custodial parent.

How much child support arrears trigger criminal charges?

There is no specific dollar amount that automatically triggers criminal charges. Criminal non-support focuses on whether the parent intentionally or knowingly failed to provide support when they had the ability to do so. However, the amount of arrears is relevant evidence, and larger arrears are more likely to result in criminal prosecution.

What should I do if I am facing a contempt hearing?

If you have been served with a motion for contempt, it is essential to attend the hearing. Failure to appear can result in a warrant for your arrest. Gather documentation of your financial circumstances, including proof of any job loss, medical conditions, or other circumstances that affected your ability to pay. Contact an attorney as soon as possible to help you prepare your defense.

Can child support arrears be discharged in bankruptcy?

No. Child support arrears are not dischargeable in bankruptcy. Under federal bankruptcy law, child support obligations are considered priority debts that cannot be eliminated through bankruptcy. The only way to address arrears is to pay them or to reach an agreement with the other parent or the Attorney General’s office to compromise or pay them over time.

If I am incarcerated, do I still have to pay child support?

If you are incarcerated and have no ability to earn income, you can seek a modification of your child support order. Under Texas law, incarceration can constitute a material and substantial change in circumstances warranting a reduction or suspension of support. However, you must file for modification. Child support does not automatically stop when you are incarcerated.

How can I collect child support from a parent who is not paying?

If you are the custodial parent and the other parent is not paying child support, you have several options. You can request assistance from the Texas Attorney General’s Child Support Division, which can pursue enforcement actions on your behalf. Alternatively, you can retain private counsel to file a motion for contempt and pursue other enforcement mechanisms, such as wage withholding, bank account levies, and license suspension.

What is the statute of limitations for collecting child support arrears?

In Texas, there is no statute of limitations for collecting child support arrears. Arrears can be collected at any time, even years after the child has reached adulthood. Interest continues to accrue on unpaid arrears at a rate of six percent per year.

Why Barton & Associates Is the Right Choice for Your Case

Whether you are seeking to enforce a child support order or defending against enforcement actions and criminal charges, the stakes are high. The financial well-being of a child, the liberty of a parent, and the parent’s ability to maintain employment and a driver’s license all hang in the balance.

At Barton & Associates, Attorneys at Law, we bring decades of experience to these challenging cases. We understand the Nueces County family courts and criminal courts, the procedures, and the strategies that work. We have represented parents in contempt proceedings, enforcement actions, and criminal non-support cases, and we know how to protect our clients’ rights.

We also understand that behind every case is a family. Whether we are helping a custodial parent secure the support their child needs or defending a non-custodial parent who has fallen on hard times, we approach each case with compassion, diligence, and a commitment to achieving the best possible outcome.

Take Action Today to Protect Your Rights

If you are facing enforcement actions for failure to pay child support, or if you are a custodial parent struggling to collect the support your child is owed, do not wait. The longer you wait, the more arrears accumulate, the more interest accrues, and the more severe the consequences become.

Contact the experienced family law attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires. Reach out today—let us help you navigate the complex intersection of child support enforcement and criminal law.

Main Category: Family Law Corpus Christi
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780