Child Support Enforcement in Texas: A Complete Attorney Guide to §157.002 Motions

Child Support Enforcement in Texas: The Full Toolkit

Unpaid child support is one of the most common post-decree issues in Texas family law practice. Texas law provides a robust set of enforcement tools — from confirmed arrears judgments to incarceration — and an attorney who knows how to deploy them effectively can recover substantial arrears for clients and deter future non-compliance.

This guide covers the complete enforcement toolkit available to Texas family law attorneys under §157.002 and related statutes.

Step 1: Calculating the Arrears

Before drafting your enforcement motion, you need an accurate arrears calculation. Gather:

• The original child support order (Final Decree or SAPCR order) specifying the monthly obligation amount and due date
• All payment records — check the State Disbursement Unit (SDU) payment history if payments were processed through the registry
• Records of any direct payments made outside the registry (these must be documented carefully — direct payments are often disputed)
• Any prior confirmed arrears judgments
• Any credits for periods of possession or other offsets that may apply under the order

Your arrears calculation should show each monthly obligation, what was paid, and the running balance. This becomes the basis for your violation paragraphs and your confirmed arrears prayer.

Step 2: Drafting Compliant Violation Paragraphs

Texas Family Code §157.002(c) requires each violation to be pleaded separately with the specific date, manner, and amount. For child support arrears, this means one paragraph per unpaid payment period:

If there were partial payments, adjust the violation language accordingly:

Step 3: Available Enforcement Remedies

Confirmed Arrears Judgment

Under §157.263, the court can confirm unpaid child support as a money judgment. A confirmed arrears judgment is immediately enforceable through all standard judgment collection mechanisms — including bank account levy, property liens, and wage garnishment beyond the standard withholding order. This is often the most valuable enforcement tool for large arrears balances.

Wage Withholding Order

Texas law provides for mandatory wage withholding for child support. If the obligor is employed, a withholding order served on the employer can immediately redirect a portion of the obligor's wages to child support. Withholding orders are often the most reliable long-term collection mechanism for employed obligors.

License Suspension

Under Chapter 232 of the Texas Family Code, the court can order suspension of the obligor's driver's license, professional licenses, hunting and fishing licenses, and other state-issued licenses for child support non-compliance. License suspension is a powerful leverage tool — particularly for obligors with professional licenses (attorneys, nurses, contractors, real estate agents) where license loss directly impacts income.

Contempt and Incarceration

Under §157.001, the court can hold the obligor in contempt and impose incarceration of up to six months per violation. Contempt is the most serious remedy and requires the two-year statute of limitations be observed. However, a suspended commitment — jail time suspended conditioned on a payment plan — is often the most effective tool for motivating an obligor who has the ability to pay but has chosen not to.

Attorney's Fees

Under §157.167, a court that finds that the respondent has failed to comply with a child support order shall order the respondent to pay the movant's reasonable attorney's fees and court costs unless the court finds good cause to not award fees. This is a powerful provision — attorney's fees are mandatory absent good cause, not merely discretionary.

Step 4: The Prayer for Relief

Your prayer should specifically request each remedy you are seeking. A comprehensive prayer for a child support enforcement motion in Texas might include:

• Confirmation of arrears in the total amount of $[AMOUNT] as a judgment
• A wage withholding order directed to the obligor's employer
• Referral for license suspension under Chapter 232
• A finding of contempt and imposition of commitment, suspended on compliance with a payment plan
• Recovery of attorney's fees and court costs under §157.167
• All other relief to which petitioner is entitled in law or equity

Interstate Enforcement: UIFSA

When the obligor lives in another state, enforcement becomes more complex. The Uniform Interstate Family Support Act (UIFSA), codified in Chapter 159 of the Texas Family Code, governs interstate enforcement. Texas courts retain jurisdiction to enforce Texas child support orders even when the obligor has relocated — but the procedural steps for interstate enforcement differ from in-state proceedings.

Practical Tips for Maximizing Collection

• File promptly — arrears accrue interest at 6% per year in Texas, and earlier filing means earlier hearing
• Serve personally when possible — service by publication or alternative means can delay proceedings significantly
• Subpoena employment and bank records before the hearing if the obligor's assets are disputed
• File a proposed enforcement order that specifically addresses each requested remedy
• Request attorney's fees in every enforcement motion — §157.167 requires them absent good cause