When child support payments become unmanageable, the impact can be felt in every aspect of your life. Every family is unique, and financial circumstances are rarely static. Life evolves, and courts recognize this. However, it’s time to take proactive steps when your situation changes.
At Bloodworth Law Firm, P.L.L.C., William D Bloodworth II is board-certified in family law by the Texas Board of Legal Specialization. William and N Tina Markham, bring a wealth of experience and an unwavering commitment to every case they handle. They are familiar with family law matters, so clients receive experienced guidance and steadfast support. The firm serves Texas residents in Conroe, Huntsville, The Woodlands, and Livingston.
Let’s explore your options if you’re behind or soon to fall behind on child support, and learn what actions to take before the legal and personal consequences become even more serious. The earlier you address the situation with the guidance of a family law attorney, the more opportunities you’ll have to handle changes to child support orders effectively.
Why Child Support Orders Matter
Child support is not like a regular bill—it’s a legal obligation. These payments are meant to provide for a child’s basic needs, from food and clothing to education and medical care.
If you stop paying or fall behind, the consequences can be serious and long-lasting. Child support enforcement is handled through state and federal channels, and actions can be taken without your consent. You might face:
Wage garnishment: Your employer could be required to deduct support from your paycheck before you even see it. This can leave you with limited income for other responsibilities.
License suspension: Your driver's license or professional licenses may be suspended. Without a license, getting to work or finding a new job becomes even harder.
Credit damage: Missed payments can be reported and negatively impact your credit score. A lower score can make it difficult to rent housing, buy a car, or get approved for loans.
Tax refund interception: The government can seize your tax refund to pay back owed support. This can be particularly painful if you were counting on the refund to catch up on other bills.
Contempt of court: If the court finds you intentionally avoiding payment, jail time is possible. Even a short sentence can impact your job and make your situation worse.
Given how seriously courts treat these obligations, taking action quickly is the smartest approach. The longer you wait, the fewer choices you’ll likely have.
Common Reasons Parents Fall Behind on Child Support
Life is unpredictable. Even the most well-meaning parents can find themselves unable to keep up with payments. You’re not alone if you’ve suddenly found it difficult or impossible to pay what’s owed. Courts recognize that life changes and sometimes the original child support order no longer fits your situation. Some common causes include:
Job loss or reduced income: Losing a job or switching to lower-paying work can disrupt your budget. When unemployment or underemployment happens, the original court-ordered payment might be too high to maintain.
Health problems: Medical issues can keep you from working or create additional expenses. Long-term health complications may also limit your ability to return to the workforce quickly.
Unexpected expenses: Emergencies, such as car repairs or helping another family member, may force you to choose between obligations. Even temporary setbacks can make you fall behind quickly.
Changes in parenting time: If your time with your child increases but your support order hasn’t changed, your payments might feel unfair or outdated. Courts may consider this a valid reason to request a new calculation.
Whatever the reason, it’s important to remember that courts won’t automatically adjust your child support. You’ll need to take formal steps to make any changes legally valid.
Steps To Take When You’re Struggling With Child Support
If you're struggling to keep up with child support payments, you're not alone—and you're not out of options. Taking action early is key. Being proactive gives you a better chance of reducing penalties and protecting your relationship with your child. The steps below can help you regain control and work toward a solution.
Review Your Finances Immediately
Start by taking an honest look at your financial situation. Gather current records of your income, monthly expenses, outstanding debts, and any recent changes to your employment or living situation.
Assess your total income and spending: This includes wages, benefits, side jobs, and any other financial support you receive.
Organize your bills and child support paperwork: Having everything in one place will help you prepare if you need to present your case in court.
Understanding your financial picture is the first step in determining what you can reasonably afford. Courts appreciate transparency, and showing that you’re organized and prepared adds credibility to your request.
Consult With A Family Law Attorney
Once you understand your finances, talk to a family law attorney about child support matters. Legal advice is important because Texas courts follow specific procedures and expect clear, well-supported requests for changes.
Bloodworth Law Firm, P.L.L.C. helps clients evaluate their current court orders and determine whether modification makes sense, helping prepare your documentation, representing you in court, and presenting a solid case that reflects your current financial situation. The firm doesn’t shy away from tough cases and will give you honest, direct advice at every step.
File a Request to Modify Child Support
If there’s been a significant change in your circumstances, you may be eligible to request a modification with the help of a family law attorney. Texas law allows changes when your income, employment, or parenting schedule has shifted in a substantial and lasting way. Some common reasons for modification include:
A job loss or permanent decrease in income
A medical condition that limits your ability to work
A change in your child custody arrangement or time spent with your child
To request a change in child support, you’ll generally need to:
Submit a formal request to the court: This starts the legal process for review.
Provide notice to the other parent: They must be legally informed of your request.
Attend a court hearing, if scheduled: You may need to explain your situation in person.
Until the court formally changes your order, keep making payments as consistently as possible. Even partial payments show the court that you're making a good-faith effort to meet your responsibilities.
Talk With the Other Parent If You Can
While it’s not always possible, communicating with the other parent can help reduce misunderstandings. If the relationship allows for respectful discussion, you may be able to agree on short-term adjustments or share documentation that helps them understand your situation.
That said, any changes to the official child support amount must be approved by the court. Even if both parents agree to a new amount, it isn’t legally enforceable unless a judge signs off on it. Verbal or informal agreements can backfire later and leave you vulnerable to enforcement actions.
Temporary Solutions While Waiting for Modification
A court order doesn’t change overnight. You’ll likely have to wait weeks or months before a hearing is scheduled and a decision is made. While your case is pending, consider these temporary solutions:
Make partial payments: Paying something is better than nothing and shows good faith. Courts often look more favorably on parents who make an effort, even when they fall short.
Set up a payment plan: If there are arrears (past-due support), the court may allow smaller payments toward that amount. A formal plan can stop enforcement actions and help you catch up gradually.
Find supplemental income: Gig work, freelancing, or part-time jobs may help you stay afloat temporarily. Even short-term income can help bridge the gap while you work on a long-term solution.
Reduce non-essential expenses: Cut out extras where possible so you can stay focused on your obligations. Every dollar saved can go toward fulfilling your legal duty and avoiding penalties.
While these steps won’t solve everything right away, they can make a meaningful difference while you wait for the court’s decision. Showing the court that you’re making a sincere effort can strengthen your position and help protect you from harsher consequences. Staying active, focused, and consistent during this waiting period is one of the best ways to move forward.
Speak To A Family Law Attorney
If you’re behind or can’t afford your payments, reach out to a family law attorney before your situation escalates. Bloodworth Law Firm, P.L.L.C. serves clients across Texas, including Conroe, Huntsville, The Woodlands, and Livingston. With their deep familiarity with family law, they provide clear, informed guidance and unwavering support. Call today to schedule a free initial consultation.
