Still Owed Child Support After Your Child Turned 18? Here’s What You Can (and Can’t) Collect in Texas

Child support orders don’t expire just because your child has grown up. In Texas, if your ex never paid what they owed, you still have the right to collect — even long after your child turns 18.

At the Law Offices of Michael G. Busby Jr., we help parents and even adult children recover unpaid child support, using every legal tool available. Whether the debt is 5 years old or 25, Texas law is on your side — and we’re here to enforce it.

There’s No Statute of Limitations on Collecting Back Child Support

Many people assume that once a child turns 18, child support enforcement ends. That’s not true in Texas.

Under Texas Family Code § 157.005, there is no statute of limitations on collecting unpaid child support, and no deadline to reduce those arrears to a judgment — as long as the support was due under a valid order.

This means that even if your child aged out of support obligations years ago, the arrears can still be confirmed in court and collected with 6% interest per year.

Convert Back Child Support into a Judgment — Even After 10+ Years

Under Texas Family Code § 157.263, the court can confirm the total amount of unpaid support and enter a money judgment — even decades later.

This judgment:

• Locks in the amount owed
• Accrues 6% simple interest annually
• Can be enforced like any civil judgment (writs, liens, garnishment, etc.)

📌Example: If child support stopped in 2009, and the debt was never paid, you can still file in 2025 to confirm that amount — and begin collection.

Adult Children May Sue as Successors If the Custodial Parent Dies

If the obligee parent (the one owed support) passes away, the child may still have the right to pursue unpaid support.

Under Texas law, an adult child may sue as a successor in interest to the deceased parent’s claim for child support arrears — particularly when no one else has enforced the judgment.

This ensures the unpaid support meant for the benefit of the child isn’t lost simply because the custodial parent has passed away.

What Assets Can Be Taken to Satisfy Back Child Support?

Texas gives courts broad powers to collect unpaid child support, including:

• Wage garnishment
• Bank account seizures
• Tax refund interceptions
• Liens on real property
• License suspensions
• Subpoenas to financial institutions and employers
• Contempt proceedings

Even self-employed debtors and those hiding assets can be located with court intervention. We frequently issue subpoenas to banks, brokers, and retirement plan administrators to trace funds and enforce judgments.

What Property Is Exempt from Child Support Collection in Texas?

Texas Property Code §§ 42.001 and 42.0021 exempt certain assets from general creditor collections — but not always from child support enforcement.

Normally Exempt Assets:

• Homestead property (primary residence)
• Certain retirement accounts (IRAs, pensions, 401(k)s)
• Workers' compensation benefits
• Unemployment benefits
• Most personal property up to statutory limits
• Tools of the trade
• Some veterans and disability benefits (depending on tracing and account commingling)

⚠️ However, these exemptions may not fully apply when child support is involved — especially when a QDRO is used.

Using a QDRO to Enforce Child Support Overrides Texas Exemptions

Under Texas Family Code § 157.501, courts may issue a Qualified Domestic Relations Order (QDRO) — or similar order — to collect unpaid child support or spousal maintenance from retirement accounts.

📘“Notwithstanding any other law…” the statute says — meaning that QDROs override exemption laws under the Texas Property Code.

This aligns with federal ERISA law, which specifically permits QDROs to bypass anti-alienation rules for child support and maintenance. This makes QDROs one of the most powerful tools for enforcement, even for old arrears.

We routinely use QDROs to access:

• 401(k) plans
• Traditional pensions
• Profit-sharing plans
• Other ERISA-governed retirement accounts

Tax Implications When Collecting from Retirement Accounts

When collecting through a QDRO:

• The 10% early withdrawal penalty is waived, even if you’re under 59½
• You still pay income taxes on the distribution in the year it is received

⚠️ If you roll the QDRO funds into your own retirement account and then withdraw early, you will pay the 10% penalty and taxes.

We help our clients evaluate the best route — immediate cash or tax-deferred rollover — based on their unique financial needs.

What If the Other Parent Can’t Be Found?

You can still enforce your judgment. We can:

• Serve via publication if personal service fails
• Locate employers or assets through subpoenas
• File for contempt, writs, or garnishment upon confirmation of arrears

We don’t rely on the obligor’s cooperation. Texas gives us strong tools to act even when the other parent disappears.

Why You Need a Lawyer — Even for Old Support Cases

Old child support cases often require sophisticated enforcement strategies. Our firm can:

• Confirm arrears with interest under § 157.263
• Issue QDROs to seize retirement funds under § 157.501
• Locate and attach bank accounts or real property
• Represent successor claims for children of deceased custodial parents
• Defend against improper exemption claims or fraudulent transfers
• Seek attorney’s fees from the obligor in enforcement actions

Let Us Help You Get What You’re Owed

If you’re still waiting on unpaid child support — whether you’re the parent or the child — we can help. The law is clear: support orders don’t expire, and you have every right to collect.

📞Call (713) 974-1151
📍Based in Harris County, serving clients across Texas
📩Request your consultation today

At the Law Offices of Michael G. Busby Jr., we enforce child support orders — no matter how old they are.