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How Texas Child Support Payments Work and What Happens If You Fall Behind

How Texas Child Support Payments Are Set and Collected

In Texas, child support is ordered by a court or agreed to in writing between parents, and the amount is based on the paying parent's income, the number of children, and custody arrangement. The Office of the Attorney General (OAG), Child Support Division handles enforcement statewide — they do not set the amount, but they collect payments, track arrears, and take action if payments stop.

Payments can be made through several routes: directly to the other parent, through the state's payment system called SCDU (State Disbursement Unit), or automatically from your paycheck if your employer has been ordered to withhold. Most new orders include wage withholding, which means your employer sends the money straight to SCDU before you see it. If you are self-employed or paid in cash, you typically pay SCDU directly by check, online, or phone.

SCDU then distributes the money to the receiving parent, usually within one business day of receipt. If you pay late or miss a payment, SCDU records it as an arrearage — money owed — and the OAG can take enforcement action without waiting for the other parent to ask.

Key Takeaways

  • Texas child support amounts are set by court order and based on the paying parent's income, number of children, and custody time; the OAG enforces the order but does not set it.
  • Most payments go through SCDU, the state payment system, which records every payment and tracks any arrears automatically.
  • Wage withholding is the most common payment method and removes money from your paycheck before you receive it.
  • If you fall behind, the OAG can suspend your driver's license, intercept tax refunds, place a lien on property, or seek contempt charges without the other parent filing a separate case.
  • You can request a modification of the order if your income has changed by at least 10 percent or $100 per month, but the change must be substantial and ongoing.

What Happens When You Miss or Are Late on a Payment

Missing even one payment triggers the OAG's enforcement system. The state does not wait for the receiving parent to complain — the system flags arrears automatically. After 30 days past due, the OAG can report the debt to credit bureaus, which damages your credit score and can affect your ability to borrow money, rent housing, or get certain jobs.

After 60 days, the OAG can suspend your Texas driver's license, making it illegal to drive. This suspension stays in place until you pay the arrearage in full or set up a payment plan. You can request a work-only license, which allows you to drive to and from work, but the process requires filing a form with the OAG and proving financial hardship.

The OAG can also intercept your state and federal tax refunds, seize money from your bank account, place a lien on real property you own, or suspend professional licenses (such as a medical or contractor's license). If arrears are large enough or you have repeatedly ignored court orders, the OAG can file a contempt motion, which can result in jail time.

Modifying Your Child Support Order

If your income has dropped or increased significantly, you can request a modification of the order. Texas law allows modification if there has been a substantial and material change in circumstances — typically defined as a change of at least 10 percent or $100 per month in either parent's income, or a significant change in custody time.

To start, you file a Petition to Modify with the district court that issued the original order. You will need to provide recent pay stubs, tax returns, and documentation of the change. The OAG's Child Support Division can help you file, or you can hire a lawyer. Filing costs money (court fees range from roughly $200 to $400 depending on the county), but the OAG can file for you at no cost if you are the receiving parent or if you cannot afford the fee.

During the modification process, your current order stays in effect — you must keep paying the amount ordered until a judge changes it. If you stop paying while waiting for a hearing, you will still accumulate arrears. If you know a change is coming, file the petition as soon as possible so the court can act before you fall behind.

Payment Methods and How to Track Your Account

You can pay child support through SCDU online at myscdu.texas.gov, by phone at 1-888-Pay-SCDU (1-888-729-7238), by check mailed to the address on your payment notice, or through automatic bank draft. Some employers also allow you to make additional payments directly through payroll. If you pay by check or money order, include your case number on the payment so it is credited correctly.

To check your payment history and current balance, log into your SCDU account online or call the payment line. You can also contact the OAG's Child Support Division directly at 1-800-252-8014 to ask about your account. Keep records of every payment you make — bank statements, cancelled checks, or SCDU receipts — in case there is ever a dispute about whether you paid.

If you believe a payment was lost or misapplied, report it to SCDU immediately. Errors do happen, and the sooner you flag them, the sooner they can be corrected and the arrearage cleared from your record.

Enforcement Actions and Your Rights

The OAG has broad power to enforce child support orders, but you have the right to contest enforcement actions and to be heard in court. If your driver's license is suspended, you can request a hearing to show that you are unable to pay or that suspension would cause undue hardship. If your bank account is frozen or wages are garnished beyond the legal limit, you can file a motion to challenge the action.

You also have the right to know why enforcement action is being taken. The OAG must send you notice before suspending your license or intercepting a refund, and that notice must explain how to respond. If you receive a notice, read it carefully and follow the instructions — ignoring it will not make it go away and will likely make your situation worse.

If you are facing contempt charges or jail time, you have the right to legal representation. If you cannot afford a lawyer, you can request a court-appointed attorney, though the court may order you to repay the cost once your financial situation improves. Contact your local legal aid office or the State Bar of Texas Lawyer Referral Service for help finding representation.

Temporary Hardship and Payment Plans

If you are facing a temporary financial crisis — job loss, medical emergency, or unexpected expense — you can contact the OAG and ask about a temporary payment plan or forbearance. This is not a legal right, and the OAG is not required to grant it, but many cases are worked out informally if you reach out before you miss a payment.

Explain your situation clearly: what caused the hardship, how long you expect it to last, and what you can pay in the meantime. The OAG may agree to accept a reduced payment for a few months while you get back on your feet. If you reach an agreement, get it in writing and keep a copy. Verbal agreements are hard to prove later.

If your hardship is long-term or your income has permanently changed, a temporary plan is not the answer — you need a modification. File the petition while you are still making payments, even if they are late, to show the court you are trying to comply with the order.

Interstate Child Support and Enforcement

If the child lives in one state and the paying parent lives in another, the case is handled under the Uniform Interstate Family Support Act (UIFSA). Texas can enforce an order issued in another state, and other states can enforce a Texas order. The process is the same — wage withholding, license suspension, tax intercept — but it may take longer because paperwork has to move between state agencies.

If you are paying support for a child in another state, your Texas employer can still withhold from your paycheck, and the money will be sent to that state's disbursement unit. If you move to Texas and owe support in another state, Texas will enforce that debt as if it were a Texas order. You cannot escape a child support obligation by moving — the OAG will track you down and enforce it.

Frequently Asked Questions

Can I stop paying child support if I lose my job?

No, but you should file for a modification immediately. Your obligation does not disappear when you lose income — arrears will continue to build. File a petition with the court showing your job loss and ask for a temporary reduction or suspension until you find work. The court may grant it, but only if you ask and prove the change.

What if the other parent is not using the money for the child?

That is a separate issue from your payment obligation. You still owe the support ordered by the court. If you believe the money is being misused, you can file a motion to modify custody or request that support be paid into a trust account, but you must do this through the court — not by stopping payments on your own.

How long does a modification take?

It depends on the court's schedule and whether the other parent contests it. Some cases are resolved in two to three months; others take six months or longer. Your current order stays in effect the whole time, so keep paying. If the court grants a modification, it usually takes effect on the date you filed the petition, not the date the judge signed the order.

Can I get my driver's license back before I pay everything I owe?

Yes, you can request a work-only license if you can show that suspension causes undue hardship and that you are making a good-faith effort to pay. You will need to file a motion with the court or contact the OAG to request a hearing. The work-only license lets you drive to work and back, but nowhere else.

What if I think there is an error in my account balance?

Contact SCDU immediately with your case number and the dates of the payments in question. Bring copies of bank statements, cancelled checks, or receipts. SCDU can investigate and correct errors, but you have to report them. Do not assume the system is wrong and stop paying — keep paying while the error is being investigated.