Is there a statute of limitations on unpaid child support in Texas?
Asked by: Laisha Zulauf DDS | Last update: November 21, 2025Score: 4.5/5 (73 votes)
Yes, Texas law allows parents to seek unpaid child support for up to 10 years after the child turns 18 if a court order is in place. If no order is in place, the window for collecting retroactive support is four years.
Do child support arrears ever go away in Texas?
Arrears remain in place until paid. Not even your child turning 18 or filing bankruptcy will get rid of your unpaid child support balance. The only way to avoid arrears is to pay 100 percent of your child support every month.
How far behind in child support before a warrant is issued in Texas?
Typically, a parent must be behind on payments for three to six months before the state considers issuing a warrant for their arrest. When payments are overdue, the Texas Child Support Division can escalate enforcement measures by utilizing wage garnishment, suspending driver's licenses, or seizing tax refunds.
Is there a statute of limitations on back child support in Texas?
In Texas there is a statute of limitations of 10 years, after the child's 18th birthday or the support order has come to an end, for enforcement of unpaid or past-due support.
How much do you have to owe in child support to go to jail in Texas?
HOW MUCH CHILD SUPPORT CAN YOU OWE BEFORE GOING TO JAIL IN TEXAS? The charge can increase to a criminal felony and up to two years in prison when child support in Texas hasn't been paid in two years or the amount owed reaches $10,000 or more.
Is There A Statute Of Limitations On Child Support? - CountyOffice.org
How long can a father go without paying child support in Texas?
Texas law does not have a statute of limitations for collecting unpaid child support. This means that if a parent misses payments, the debt will not disappear over time. The unpaid amount, called “arrears,” will continue to accumulate until it is fully paid, no matter how long it takes.
How long can you not pay child support before going to jail?
If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.
What happens if my ex doesn't pay child support in Texas?
A Texas court could issue a jail sentence for up to six months for contempt of court due to unpaid child support. The court could order the other parent to pay your attorney and legal fees. Suspending their driver's license, or other professional licenses.
How long do child support liens last in Texas?
In the state of Texas a lien would stay active on your property for 10 years. After 10 years the lien should expire. However if the child support obligation is not satisfied by then, the other parent can file a request to renew the lien, and it can end up being extended for another 10 years.
What is the deadbeat dad law in Texas?
Laws dealing with child support in Texas state that deadbeat dads who owe more than three months of past-due child support, and who do not have a voluntary repayment schedule, face mandatory license suspension.
How far does child support go back Texas?
In Texas, the general rule followed by judges is to go back four years. However, in some cases, the court may consider longer periods, especially if there are egregious circumstances, such as a parent deliberately evading their responsibilities despite having the means to pay.
How to get child support arrears dismissed in Texas?
The journey to address child support arrearage begins with your co-parent's willingness to request the court for dismissal. This can be a full or partial waiver of the owed amount. The first step is to contact the Attorney General's child support division, where you'll receive a 'request for review' form.
Can I sue my ex for back child support?
Legal Rights to Sue for Back Child Support
This process involves filing a court order and meeting legal prerequisites, including adhering to any statute of limitations. In cases where the non-custodial parent lacks immediate funds, the court order ensures future payment as the parent acquires the means.
Can you sue for back child support in Texas?
Yes. If you are owed court-ordered child support, you can sue in Texas. The guidance of a sophisticated Texas family law attorney can help you devise a plan and collect evidence necessary to present to a judge. Courts can order back child support in cases that meet specific criteria.
Who gets the interest on back child support?
The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in § 54-3-16.
How to remove a child support lien in Texas?
Texas Family Code Section 157.3171 establishes a process by which an obligor may obtain the release of a child support lien against the obligor's homestead. The procedure involves the filing of an affidavit and is identical to that contained in Section 52.0012 (discussed above).
Is there a statute of limitations on child support arrears in Texas?
Sometimes, the non-paying parent may face jail time, though imprisonment doesn't resolve the financial issue. However, there is a deadline for enforcing unpaid child support. Texas law allows the parent receiving child support to seek back payments up to 10 years after the child turns 18.
What happens to unclaimed child support in Texas?
If, after three years from the date the child support payments have been held, there has been no contact by the property owner and attempts to locate the owner have failed, the child support payments may be reported as unclaimed property.
What property is exempt from child support lien in Texas?
It's important to know that in the eyes of the law, all property is either "exempt" or "nonexempt," but only nonexempt property can be subjected to a child support lien. Exempt property consists of things like clothing, an automobile used for work, or a pension fund that the owner requires to meet basic life needs.
Does Texas send you to jail for not paying child support?
Not following a court order to pay child support can lead to a contempt of court judgment carrying a penalty of up to 6 months in jail. Texas Penal Code Sec. 25.05 outlines criminal nonsupport which is a state felony offense that can lead to a sentence of 6 months to 2 years in jail.
Do child support liens expire in Texas?
No Limit Liens
Thanks to the amendment outlined in TFC 157.312, child support liens now last indefinitely. In addition, TFC 157.318(d) outlines that the expiration of real property child support liens can now be renewed.
Can a mother forgive child support arrears in Texas?
Q: Can back child support be forgiven in Texas? A: Forgiveness of back child support is rare and typically requires agreement from both parents and court approval. It's essential to seek legal advice for personalized guidance.
What is a purge bond for child support?
The purge bond is a bond where the entire amount of the bond must be paid in order for the inmate to be released from custody before their sentence is completed. Typically, this type of bond is for child support cases. You cannot use a bail bondsman for a purge bond.
Does the state pay child support if the father doesn't?
To qualify to receive the other parent's tax refund for back child support, you need to make sure that you are enrolled in a tax intercept program, which you can do by contacting your local child support office or family law attorney While the state does not pay child support if the father doesn't, if you or your child ...
How far behind in child support before a warrant is issued VA?
If you owe at least $5,000 or are behind at least 90 days in your payments or you fail to respond to a subpoena, summons or warrant issued by the Division, we may take the following actions: Ask the Department of Motor Vehicles (DMV) to suspend or refuse to renew your driver's license.