Consequences for Refusing to Pay Spousal Maintenance in Texas

Under Texas law, missing a court-ordered spousal maintenance payment is a violation of a court order, and courts take it seriously. If you are owed spousal maintenance and payments have stopped, or if you have been ordered to pay and are facing circumstances that make compliance difficult, knowing exactly what the law provides is the first step toward protecting your position.

Thompson Law represents clients in Austin-area spousal maintenance disputes, whether they are seeking enforcement or responding to one. Contact us or call (512) 543-1973 to discuss your situation with a family lawyer today.

What Happens When Spousal Maintenance Goes Unpaid?

Under Texas Family Code § 8.058, any spousal maintenance payment not made on time constitutes an arrearage. Arrearages can be converted into a money judgment, collected through wage withholding, and used as the basis for contempt proceedings. Courts do not require a long history of missed payments before enforcement becomes available. A single missed payment is enough to trigger the process.

The enforcement tools available under Chapter 8 of the Texas Family Code are broad, and an obligee (the spouse owed maintenance) can pursue more than one simultaneously, depending on the circumstances.

Contempt of Court: The Most Serious Consequence

The most significant consequence an obligor faces is being held in contempt of court. Under Texas Family Code § 8.059, a court may enforce a maintenance order by contempt proceedings. A finding of contempt can result in:

• Jail time of up to six months per violation
• Fines imposed by the court
• Community supervision (probation) conditioned on paying arrearages
• An order to pay the opposing party’s attorney’s fees, court costs, and expenses under Texas Family Code § 8.063

Contempt proceedings are punitive, meaning they are designed to punish noncompliance rather than simply compel payment. Spousal maintenance is treated as a legal duty arising from the marital relationship, not a contract debt, which means the Texas Constitution’s prohibition on imprisonment for debt does not apply. Courts may and do impose jail sentences when the facts warrant it.

One important limitation is that courts may not use contempt to enforce agreed maintenance terms that exceed what the court could have ordered under the law, whether in amount or duration. If an agreement goes beyond the statutory caps, contempt is unavailable for the excess portion, though other civil remedies remain.

Income Withholding and Wage Garnishment

In most Texas maintenance cases, the court orders payment through an income withholding order from the outset. Under Texas Family Code § 8.101, the court may direct that payments be automatically withheld from the obligor’s disposable earnings. If no withholding order was included in the original decree, the obligee can return to court and request one later.

For cases involving arrearages, the court can order additional withholding on top of the current maintenance to retire the balance. That additional amount must be whichever of the following will clear the arrearage fastest:

• Enough to pay off the balance within two years, or
• 20 percent of the amount withheld for current maintenance

Withholding orders are binding on employers. Obligors who change jobs are required to notify both the court and the obligee of each employment change within seven days under § 8.210.

Money Judgments and Asset Seizure

If contempt or withholding is not the right path, an obligee may ask the court to reduce unpaid maintenance to a money judgment. Under § 8.059(b), once a court finds the obligor failed to comply, it may enter a judgment for the total arrearages. That judgment can then be enforced by any means available for collecting a civil debt, including: 

• Placing liens on real property
• Levying bank accounts
• Seizing tax refunds
• Executing on non-exempt assets

This path gives the obligee enforcement options that operate independently of contempt.

The Affirmative Defense: When the Inability to Pay Matters

Not every instance of non-payment results in a contempt finding. There is an affirmative defense for obligors who can demonstrate all four of the following:

• They lacked the ability to pay the amount ordered
• They had no property that could be sold, mortgaged, or pledged to raise the funds
• They made unsuccessful attempts to borrow what was needed
• They had no knowledge of any legal source from which the money could have been obtained

This is not a low bar. The obligor has the burden of proving each element by a preponderance of the evidence, and the defense must be affirmatively pleaded. Courts in Austin and throughout Travis County apply this standard strictly.

Trusting Thompson Law With Maintenance Enforcement

Spousal maintenance orders carry real legal force, and so does the firm enforcing them. At Thompson Law, we bring the same trial-ready preparation to post-decree enforcement that we bring to every stage of litigation. Opposing counsel notices, and it changes how they approach the case. 

Thompson Law is a boutique practice. When you hire an attorney here, that attorney handles your case from start to finish. You will not be handed off to staff or someone you have never met. If needed, our firm is ready to protect your interests in court, and we do not back down. 

FAQ: Spousal Maintenance Enforcement in Texas

Can Enforcement Action Be Taken Across State Lines If the Obligor Moves Out of Texas? 

Yes. Under Texas Family Code § 8.253, a foreign maintenance order registered in Texas is sufficient to initiate a withholding proceeding. Texas courts can enforce out-of-state orders through the same income withholding mechanisms available for Texas orders.

Can a Maintenance Order Be Modified If the Obligor Loses Their Job or Has a Major Change in Income? 

A maintenance order can be modified if the requesting party demonstrates a material and substantial change in circumstances since the original order was entered. Courts will not retroactively reduce arrearages that have already accrued, but they may adjust the amount or duration of future payments going forward.

Does Remarriage or Cohabitation Affect the Obligation to Pay Maintenance? 

Yes. Under Texas Family Code § 8.056, court-ordered spousal maintenance terminates automatically if the obligee remarries or begins living with a romantic partner on a continuing basis. The obligor would need to file to terminate the order based on that change.

What Happens If the Paying Spouse Retires or Begins Drawing Social Security? 

Retirement income, including Social Security benefits, can generally be considered in a modification proceeding. However, the court will evaluate whether the change in income constitutes a material and substantial change in circumstances before adjusting the order.

How Thompson Law Approaches Maintenance Enforcement in Austin

Spousal maintenance disputes often rely on precision, including the exact language of the order, how the original agreement was drafted, and whether the court retained jurisdiction to enforce specific terms. We work directly with each client from start to finish, including the enforcement of past orders.

When enforcement is warranted, we pursue it with the same trial-readiness that informs everything we do. Whether you are trying to collect maintenance you are owed or responding to a motion for enforcement you believe is inaccurate, call Thompson Law at (512) 543-1973 or contact us online to discuss your situation.