Arrearages
Modifications
Arrearages
We are frequently asked about child support arrears and how it works. Arrearages are past due or unpaid support owed by the noncustodial parent. There are many reasons why noncustodial parents accrue large arrearages including: retroactive child support awards, not knowing a support order exists, inability to pay during incarceration, unemployment, or willful failure to pay. Under federal law, all orders serviced by the state agency are subject to automatic income withholding when a delinquency of at least one month occurs.
Some states charge interest rates on delinquent payments, and Texas is one of them. Some states have statutes of limitations on the length of time during which a child support debt is collectible. In Texas, if an order exists, a claim for retroactive child support must be sought within ten years from the child’s 18th birthday. The rules are different if no order existed and this is known as a retroactive support claim.
Punishments
Texas does not tolerate child support evaders. Parents who fail or refuse to pay child support can go to jail for up to two years and pay thousands of dollars in fines, on top of the child support they owe. In addition to jail time, there are a multitude of other punishments to include:
- Driver’s license, business license, commercial driver’s license, concealed handgun license and even a hunting or fishing license;
- Garnishment of wages;
- Interception of tax refunds or lottery winnings;
- Liens placed on property;
- Passport denial; and
- Negative impact on credit rating.