Child support arrears—unpaid support amounts that accumulate over time—create overwhelming financial pressure for Fort Worth parents. Falling behind on support triggers enforcement actions, including wage garnishment, license suspension, property liens, and potential jail time. Understanding how Texas calculates arrears, how interest increases your debt, and what options exist for paying off back support helps you address the problem before enforcement escalates.
Many Fort Worth parents mistakenly believe that arrears disappear when children turn 18 or that old debt expires after several years. However, Texas law provides no expiration date for child support arrears. They remain collectible indefinitely. Whether you owe $5,000 or $50,000 in back support, taking action now protects your driving privileges, professional licenses, and freedom.
Key Takeaways for Paying Child Support Arrears in Fort Worth
- Texas child support arrears never expire and remain collectible even after children become adults, with interest accruing annually under Texas Family Code Section 157.265—6% for pre-2026 arrears and 3% for arrears accruing January 1, 2026, or later.
- The Texas Attorney General and Tarrant County courts offer payment plans that allow parents to pay current support, plus manageable additional amounts toward arrears, thereby demonstrating compliance and reducing enforcement risk.
- Immediately filing your modification petition once circumstances change prevents additional arrears accumulation, though modification cannot reduce arrears already owed.
- Enforcement actions for arrears include wage garnishment, license suspension, property liens, bank account levies, federal tax refund interception, and contempt proceedings, potentially resulting in jail time.
- Lump-sum settlements of arrears are possible in limited circumstances but require negotiation with the custodial parent or Attorney General and court approval.
Understanding Child Support Arrears in Texas
Child support arrears are the total amount of unpaid child support owed. When parents pay less than the full ordered amount or miss payments entirely, the difference becomes arrears (back child support). These unpaid amounts add up each month and turn into long-term debt.
Texas law treats child support arrears as non-dischargeable debt. Arrears survive bankruptcy proceedings, cannot be eliminated through debt settlement programs, and remain collectible without limitation periods. Arrears remain collectible indefinitely, and the Attorney General may pursue collection long after children reach adulthood.
Common Reasons Arrears Build Up
Parents accumulate arrears for various reasons, often during periods of genuine financial hardship:
- Job loss or reduction in work hours
- Medical emergencies
- Disability that prevents work for extended periods
- Incarceration interrupting income
- Delay in filing modification petitions after income changes
A parent who loses their job and delays filing a modification petition for six months accumulates six months of arrears at the original support amount. These arrears remain owed even after a modification reduces future support.
Interest Rates on Texas Arrears
Texas Family Code Section 157.265 governs interest on unpaid child support. The interest rate depends on when arrears accrued. Under Texas House Bill 4213, the statutory interest rate is 6% simple interest annually for arrears that accrued before January 1, 2026, but drops to 3% simple interest annually for arrears or judgments arising on or after January 1, 2026.
Simple interest means interest doesn't compound—it's calculated only on the principal arrears amount, not on accumulated interest. However, even simple interest creates substantial long-term debt. Interest continues accruing regardless of whether children still live at home or have graduated from college.
Enforcement Tools for Collecting Arrears in Tarrant County
The Texas Office of the Attorney General and Tarrant County family courts have numerous tools to collect arrears. Understanding these enforcement mechanisms motivates prompt action to address back support before consequences escalate.
Wage Garnishment for Arrears
Beyond standard wage withholding for current support, the Attorney General may garnish wages to collect arrears. Federal law under the Consumer Credit Protection Act (15 U.S.C. §1673) allows withholding up to 50% of disposable earnings for parents supporting another family, or 55% for those not supporting another family. These percentages increase by 5% if parents are more than 12 weeks behind.
Fort Worth employers must comply with garnishment orders. Garnishment captures support before parents receive paychecks, ensuring consistent payment but also creating financial strain. Garnishment reduces take-home pay so much that parents may struggle to cover basic needs like rent and utilities.
License Suspension
The Texas Attorney General may suspend various licenses for parents with substantial arrears. License suspensions generally occur after a parent is at least 90 days delinquent or owes significant back support.
Licenses eligible for suspension include:
- Driver's licenses and commercial driver's licenses
- Professional and occupational licenses for healthcare workers, contractors, real estate agents, and others
- Recreational licenses, including hunting and fishing licenses
Driver's license suspension creates severe hardship in Fort Worth's car-dependent economy. Commercial driver's license suspension is particularly severe for truck drivers and delivery workers whose employment depends entirely on valid licenses. Professional license suspension can significantly disrupt employment for healthcare workers, contractors, real estate agents, and others.
Property Liens and Bank Account Levies
The Attorney General may place liens on real property and personal property to secure payment of arrears. Liens attach to homes, land, vehicles, and other assets. These liens must be satisfied before parents sell or refinance property.
Bank account levies allow the Attorney General to freeze and seize funds from checking and savings accounts. Parents may discover their accounts frozen without prior notice, with funds removed to satisfy arrears.
These aggressive enforcement tools typically target parents with substantial arrears who have demonstrated the ability to pay but refuse to do so.
Federal Tax Refund Interception
Federal income tax refunds are intercepted at the national level under federal law for parents who are behind on child support. The Attorney General certifies eligible cases to the federal offset program. When tax refunds are intercepted, funds are applied first to arrears, then to current support.
Many Fort Worth parents depend on tax refunds for major expenses like vehicle repairs or medical bills. Losing these refunds creates additional financial stress. However, interception helps reduce arrears balances and demonstrates to courts that parents are making progress toward paying off back support.
Contempt Proceedings in Tarrant County
When other enforcement tools fail, the Attorney General or custodial parents' attorneys may file contempt motions in Tarrant County family courts. Most cases are handled by Family District Courts at the Tim Curry Criminal Justice Center, located at 401 West Belknap Street in downtown Fort Worth.
Contempt proceedings address willful failure to pay support. Texas courts may impose jail sentences up to 180 days for civil contempt and assess fines up to $500 per violation.
Parents who miss show-cause hearings risk capias warrants (court-issued arrest warrants for failure to appear).
Payment Plans for Fort Worth Child Support Arrears
Payment plans represent the most common solution for parents with substantial arrears. Both the Texas Attorney General's Fort Worth office and Tarrant County family courts offer payment plan options that allow parents to gradually reduce arrears while meeting their current support obligations.
Attorney General Payment Plans
The Texas Attorney General's Fort Worth office at 819 Taylor Street administers payment plans for parents who are enrolled in state enforcement programs. Payment plans typically require parents to pay current support in full plus additional amounts toward arrears.
For example, a parent might pay $800 monthly for current support plus $200 monthly toward arrears, creating a total monthly obligation of $1,000.
Attorney General payment plans require consistent compliance. Missing payments may trigger immediate enforcement actions, including license suspension, bank levies, or contempt proceedings. However, parents who comply consistently demonstrate good faith efforts, which may help reduce enforcement risk.
Court-Ordered Payment Plans
Tarrant County family courts may order payment plans during modification hearings, contempt proceedings, or dedicated arrears hearings. Court-ordered payment plans function similarly to Attorney General plans—parents pay current support plus additional amounts toward arrears.
Courts evaluate parents' actual ability to pay when setting payment plan amounts. Parents should present comprehensive financial information, including income documentation, expense records, and proof of other financial obligations.
Courts balance a child's need for support against a parent's ability to meet basic living expenses.
Negotiating Manageable Payment Amounts
A parent struggling with proposed payment amounts should request review based on changed financial circumstances. Demonstrating a genuine inability to pay through documentation of income, expenses, and other obligations may result in an adjusted payment plan.
However, courts are skeptical of parents who claim an inability to pay while maintaining discretionary expenses like expensive vehicles or entertainment subscriptions. Parents seeking adjusted payment plans should prepare to explain all expenses and demonstrate efforts to minimize discretionary spending.
Lump-Sum Settlements of Child Support Arrears
In limited circumstances, parents may negotiate lump-sum settlements of arrears for less than the full amount owed. These settlements are relatively rare and require specific circumstances to succeed.
When Lump-Sum Settlements Occur
Lump-sum settlements typically occur when parents receive unexpected funds allowing substantial one-time payments. Common scenarios include receiving inheritances, personal injury settlements, tax refunds from prior years, employment bonuses or severance payments, or proceeds from property sales.
A custodial parent may accept a reduced lump-sum payment rather than waiting years for full arrears repayment through a monthly payment plan. The court must approve any settlement agreement reducing an arrears amount. When the Attorney General is a party to the case, AG approval is also required.
Settlement Negotiation Considerations
Several factors influence whether a custodial parent and the Attorney General agree to a lump-sum settlement. These include the total arrears amount, how long the parent has been in arrears, the parent’s payment history, and the lump-sum amount offered relative to total arrears owed.
For example, a parent owing $15,000 in arrears who inherits $10,000 might negotiate a settlement for the available amount. However, a parent owing $50,000 who offers $10,000 likely faces rejection unless exceptional circumstances exist.
Court Approval Requirements
All arrears settlements require court approval. The court evaluates whether the settlement serves the children's best interests, whether the custodial parent agrees voluntarily without coercion, and whether the settlement terms are reasonable given the circumstances.
A parent seeking settlement should consult an experienced family law attorney who can negotiate with the custodial parent or the Attorney General, draft a settlement agreement meeting legal requirements, and present a compelling argument to the Tarrant County judge.
Modification vs. Arrears Relief
Many Fort Worth parents confuse modification with arrears relief. Understanding the distinction is critical for addressing back support effectively.
What Modification Can and Cannot Do
A child support modification is effective only from the date the modification petition is filed or served—it does not reduce the obligation for prior unpaid support. Modification changes only future monthly support amounts based on current circumstances.
For example, if you lost your job in January and filed a modification in July, the modification might reduce your support from $800 to $400 monthly going forward. However, you still owe six months of arrears at $800 monthly ($4,800) plus any prior arrears.
Modification doesn't eliminate this debt.
A parent who loses their job should file a modification petition within days or weeks, not months. Request a temporary order hearing for interim relief while the full modification request proceeds.
A temporary order may provide support reduction within 2-4 weeks, preventing months of additional arrears.
Strategies for Paying Off Fort Worth Child Support Arrears
Fort Worth parents who face substantial arrears need practical steps addressing both immediate enforcement threats and long-term debt reduction.
Documents You Need Before Requesting a Payment Plan
Gather comprehensive documentation of your current financial circumstances before approaching the Attorney General or court, including:
- Recent pay stubs showing actual income from all sources
- Bank statements demonstrating monthly expenses
- Bills and receipts for housing, utilities, transportation, and necessities
- Documentation of other financial obligations, including other child support orders or debts
- Proof of unemployment, disability, or medical issues if applicable
Complete financial documentation supports your payment plan request. The court needs a clear picture of your finances to determine appropriate payment amounts.
Prioritize Current Support
Always prioritize paying current monthly support in full before applying payments to arrears. Falling behind on current support while trying to pay arrears creates new arrears that also accrue interest.
The Attorney General and courts expect current support payments first, with additional amounts going toward arrears.
Request Attorney General Review
Contact the Texas Attorney General's Fort Worth office at 819 Taylor Street to request a review of your case. Explain your circumstances, provide financial documentation, and request a payment plan matching your ability to pay.
The Attorney General may agree to a reasonable payment arrangement that may help reduce enforcement risk.
Consider Voluntary Wage Assignment
If you're self-employed or paid informally, consider requesting voluntary wage assignment or setting up automatic payments through the State Disbursement Unit. Consistent payment history demonstrates good faith and may help prevent enforcement escalation.
Attend All Court Hearings
Never miss court hearings related to enforcement or modification. Appearing demonstrates respect for the process and allows you to present your circumstances.
Missing hearings can lead to a default judgment against you, a capias warrant, and lost opportunities to negotiate a favorable arrangement.
FAQ for Paying Child Support Arrears in Fort Worth
Do Child Support Arrears Go Away When My Child Turns 18?
No, child support arrears never expire under Texas law. Arrears remain collectible even after children become adults. While ongoing monthly support typically ends at age 18 or high school graduation, arrears accumulated before that time remain fully collectible with interest accruing annually. The Texas Attorney General may pursue arrears collection indefinitely.
Can Child Support Arrears Be Included in Bankruptcy?
No, child support arrears are non-dischargeable under federal bankruptcy law. This means arrears survive Chapter 7 and Chapter 13 bankruptcy proceedings. Unlike credit card debt, medical bills, or other unsecured debts that bankruptcy may eliminate, child support arrears remain fully collectible after bankruptcy discharge. Filing bankruptcy provides no relief from child support obligations.
How Long Can Texas Collect Back Child Support?
Indefinitely. Texas has no statute of limitations for collecting child support arrears. The Texas Attorney General may pursue collection 10, 20, or 30 years after arrears accrued. Arrears remain collectible regardless of whether children are adults or how much time has passed since the original support order.
What Happens If I Owe More Than $10,000 in Child Support in Texas?
Parents who owe more than $10,000 face increased enforcement risks. The Attorney General may pursue aggressive enforcement measures, including wage garnishment, bank account levies, property liens, license suspension, and interception of federal tax refunds. Additionally, parents who owe more than $2,500 in arrears face potential passport denial under federal law, preventing international travel. Parents with substantial arrears should contact the Attorney General's Fort Worth office immediately to establish a payment plan that demonstrates a commitment to reducing their debt.
Get Legal Help With Fort Worth Child Support Arrears
Bailey & Galyen has helped Fort Worth families address child support arrears for over 40 years. Our attorneys understand Tarrant County family court procedures, Attorney General payment plan negotiations, modification processes that prevent additional arrears accumulation, and enforcement defense strategies.
Don't let arrears continue growing. Contact Bailey & Galyen today for a confidential consultation about your Fort Worth child support arrears. Call our Fort Worth Summit Avenue office at (817) 438-2121 or contact us online to speak with an experienced Texas family law attorney.