Failure to Pay Child Support in Texas Can Have Serious Repercussions

Texas treats parents' obligation to support their children very seriously. Take, for instance, the case of a Tyler man who went so long without paying child support that he faced criminal prosecution. After attempts to secure the money through civil remedies failed, prosecutors charged the father with criminal nonpayment of child support. Now the man has been sentenced to two years in jail and must pay a $10,000 fine.

Another man was recently arrested in Tarrant County for criminal nonsupport. Attorney General Greg Abbott announced that the man "ignored his legal and moral responsibility to support his child."

Texas courts calculate child support based on disposable income, according to defined guidelines; a court may, however, exceed those guidelines if it is in the best interests of the child. Child support typically is withheld directly from parents' wages.

Texas law takes a proactive approach to the failure to pay child support. Indeed, Texas statutory language states, "Prompt action is required to avoid the accumulation of substantial arrearages of support. It is much easier for the obligor to make current payments from a certain level of disposable income than to make current payments and also pay down arrearages from the same level of income." This means, essentially, that the faster the problem is taken care of, the less likely it is to get out of hand. And that is better for everybody.

Ultimately, the goal is to satisfy the best interests of the children. Texas will get tough on parents who refuse to pay. This is why parents who owe child support should do everything they can to meet their obligations -- or explain to the court why they legitimately cannot. Interference with the paying parent's visitation rights, for example, is not an excuse for refusing to pay child support.