If a parent does not pay child support, can the judge put them in jail?

Yes. Failure to pay child support in compliance with the specfic terms of a written court order is an example of "contempt of court" and jail time is one of the remedies available to the judge. Most people who don't pay child support do not go to jail the first time they get behind. But if they continue to fail to abvide by the court's order, jail time is a likely outcome.

How much does it cost to sue a parent for failing to pay child support?

It depends. If you go through the Office of the Attorney General (OAG), they will prosecute the case at no cost to you. The OAG is not fast and they are not very aggressive because of the huge volume of cases they face. A private attorney will charge you to file and prosecute an enforcement suit, but will get it done more quickly.

If I lost my job or have come down with an illness or injury that prevents me from earning as much money, will I go to jail for not paying child support?

Maybe not. There are affirmative defenses you can raise that shuft the burden of proof to the person trying to collect child support to prove that your failure to pay is a decision you made, not the result of unfortuate circumstances.

What are the affirmative defenses for failing to pay child support?

You have a defense against contempt for not paying child support if you can prove that there is no valid court order in place requiring you to pay child support, or if you can prove you lacked the income and resources to pay, you have no property you could sell or mortgage to make the payments, AND you have no source form which you can borrow the funds to pay child support.

Child Support Enforcement

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Specialized Litigation

Leveraging the Power of the Courts to Collect Every Dollar Owed.

We use bank liens, license suspensions, and contempt orders--including incarceration--to ensure court-ordered support is paid in full with interest and attorney's fees.

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Answer 6 targeted questions based on common Texas litigation patterns to identify high-conflict risks.

Why Tom Daley for Child Support Enforcement?

Contempt of Court & Jail Time

Willful failure to pay child support can result in a contempt of court finding, punishable by up to six months in jail per violation and fines of up to $500.

Wage Withholding Orders

We utilize automatic Income Withholding Orders (IWO) to deduct support directly from an employer’s payroll, ensuring payments reach you before the funds are even touched by the other parent.

License & Passport Restrictions

Texas law allows for the suspension of driver's, professional, hunting, and fishing licenses for non-payment. Additionally, owing $2,500 or more can trigger a federal passport denial.

Asset Liens & Interception

We can place legal liens on bank accounts, real estate, and personal injury settlements. The state can also intercept federal tax refunds and lottery winnings to satisfy outstanding arrears.

6% Annual Interest on Arrears

Unpaid support is not just a flat debt; in Texas, it accrues simple interest at a rate of six percent per year from the date it becomes delinquent until it is fully paid.