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How Far Behind Does Child Support Get Before a Warrant Is Issued?

How Far Behind in Child Support Before a Warrant is Issued

Patrick Crawford | January 15, 2025

Falling behind on child support payments in Maryland can lead to serious legal and financial consequences. Maryland enforces child support strictly, and failure to meet obligations—especially willfully—can result in wage garnishment, tax refund interceptions, license suspensions, and even jail time. A common question is, how far behind in child support before a warrant is issued? While there isn’t a specific dollar amount that triggers a warrant, refusing to pay despite having the means can lead to severe penalties

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Under Maryland law, even one missed payment is a violation. Enforcement efforts often focus on cases where parents intentionally ignore court orders. However, if you are facing genuine hardships—such as job loss or medical issues—you may be eligible for a court-approved modification to your child support order. Parents who can pay but choose not to may face escalating consequences, including bench warrants, fines, and incarceration.

It’s important to act quickly if you are unable to meet your child support obligations. Seeking legal guidance can help you explore options to adjust your payments and avoid severe penalties. For those struggling with child support payments or dealing with enforcement actions, Patrick Crawford Law is here to help.

This article delves into the key aspects of unpaid child support in Maryland, including the legal consequences, enforcement methods, and how far behind you can fall before facing severe actions. For experienced guidance, contact Patrick Crawford Law today.

How Far Behind Does Child Support Get Before a Warrant Is Issued?

How Far Behind on Child Support Before Jail in Maryland 183

Each state has specific laws regarding child support enforcement, and Texas is particularly proactive in ensuring payments are made. Typically, a parent must be behind on payments for three to six months before the state considers issuing a warrant for their arrest. When payments are overdue, the Texas Child Support Division can escalate enforcement measures by utilizing wage garnishment, suspending driver’s licenses, or seizing tax refunds.

If these administrative methods fail, the court may find the non-paying parent in contempt of court, which could lead to jail time. Texas law classifies this as a serious violation, especially if the custodial parent requires these funds to meet the child’s essential needs. According to the People’s Law Library, courts take non-compliance seriously and have several enforcement tools to ensure child support is paid. These tools include wage garnishment, seizing tax refunds, suspending licenses, and even placing liens on property.

The Consequences of Failing to Pay Child Support 371

Failing to meet child support obligations has serious consequences, as enforcement agencies employ various measures to ensure compliance before taking legal action. These penalties can affect a non-paying parent’s bank account and severely interrupt their day-to-day life. Child support enforcement agencies have a number of tools at their disposal to encourage payment, ranging from financial to personal restrictions. If payments remain overdue, the actions taken escalate in severity over time, according to the American Judges Association.

Seizing Bank Accounts  

A key tool for enforcement is the seizure of funds directly from the bank accounts of a nonpaying parent. When child support arrears accumulate to a substantial amount, the Child Support Administration (CSA) can lien assets, freeze accounts, or intercept funds as a means to recover unpaid support. This may involve freezing savings, checking accounts, or other financial holdings, leaving the parent unable to access their money until the debt is resolved. Unlike other measures, which pay money into an account, that money could be spent on anything before supporting the child, etc.

Withholding Income Tax Refunds  

A further means of enforcement (albeit much better known in the tax enforcement realm than the rest) is the interception of federal and state income tax refunds. This process, called tax refund interception, allows the government to overlook past-due child support to apply a refund toward the outstanding balance. This not only stays out of the way of any voluntary payment from the non-paying parent but also effectively helps recover the amount owed while also ensuring that there is not much for the amount owed to increase over time if it is not regularly paid in full, meaning no major payments accumulate.

License Suspension  

Maryland law permits the suspension of various licenses if a parent is over 60 days behind on payments. These include driver’s licenses, professional licenses, and recreational licenses. Penalties for loss of these privileges directly impact the non-paying parent’s ability to work, drive to work, and pursue leisure activities, making it a strong motivator to rectify the delinquency. Usually, the only time licenses are reinstated is with a repayment plan or paid in full.

If child support arrears continue to grow despite these measures, enforcement can escalate further. Parents who don’t pay can be subject to legal hearings — or even arrest warrants in extreme cases. The new penalties seek to promote compliance and protect the well-being of the child without automatically sending him/her to jail and ensuring children get the support that they are entitled to.

What Does the Maryland Court Do About Back Child Support?

The court, in conjunction with the CSA (Child Support Administration), can do any of the following to collect back child support and punish the non-paying parent:

  • Petition the court to hold the non-paying parent in contempt
  • Garnish the non-paying parent’s wages
  • File a Motion to Compel

How does the Child Support Administration collect back child support in Maryland?

Much like a collection agency, the CSA can use a wide variety of tools to collect unpaid child support (either late payments or partial payments). The CSA’s entire purpose is to ensure that child support gets to children. Because of that, they have more tools than a family law judge alone. Think of the CSA as the police officers of child support. Working in tandem, the court and the CSA can:

  • Have the non-paying parent’s driver’s license suspended
  • Deny the non-paying parent’s passport renewal or issuance.
  • Garnish the non-paying parent’s bank accounts in addition to wages.
  • Seize any of the non-paying parent’s lottery winnings.
  • Petition to have the non-paying parent’s professional licenses revoked (contractor’s license, dentistry license, etc.)
  • Intercept the non-paying parent’s federal or state tax refund.
  • Withhold back child support from the non-paying parent’s Workers Compensation awards and unemployment pay-outs
  • If the non-paying parent moves out of state while owing back child support, the CSA can refer you for federal prosecution.
  • Have a lien placed on the non-paying parent’s house or personal property, meaning when the parent tries to sell the house, the escrow company must send the back child support amount to the custodial parent first.
  • Notify the non-paying parent’s new employer that he or she owes unpaid child support.
  • Report the non-paying parent to the three credit bureaus.
  • Seize the non-paying parent’s assets.

How Much Back Child Support is a Felony in Maryland?

Under Texas law, noncustodial parents who owe more than $10,000 in unpaid child support or have not made payments for two years in a row can be charged with felonies. Such an offense is commonly known as criminal non-support, with potential penalties that include:

  • Fines of up to $10,000. 
  • Imprisonment for up to two years. 
  • A felony record that could impact future employment and opportunities. 

Texas courts rarely take criminal action without first attempting other enforcement methods, such as income withholding or asset seizure. However, once the company violates the rule multiple times and tries to evade it, these more serious consequences will come into play. As noted by the National Conference of State Legislatures (NCSL), noncustodial parents who consistently fail to meet obligations may face legal action and incarceration.

What Happens if I Never Pay Child Support Payments? 

Ignoring child support obligations entirely can result in escalating consequences, both legal and financial. After initial warnings and penalties like wage garnishment or tax refund interception, the court may classify prolonged non-payment as contempt of court.

For non-custodial parents demonstrating an unwillingness to cooperate, the court may:

  1. Issue an arrest warrant.
  2. Suspend any state-issued professional licenses.
  3. Report unpaid child support debts to credit bureaus, negatively impacting credit scores.
  4. Deny a passport application or renewal.

It’s important to note that even incarceration does not erase child support debt. Payments will continue to accrue during this period unless the parent applies for and is granted a modification.

Proactive communication with the court and working with an experienced family law attorney can help resolve debt accumulation and avoid extreme outcomes like arrest.

Schedule Your Maryland Child Support Lawyer Consultation!

The Law Office of Patrick Crawford is an Annapolis family law firm handling everything from child support to QDROs. We’d love to assist you in navigating the often rocky child support and custody terrain. Whether you need an order modified or just have questions, call (410) 709-4574 to schedule your free consultation today.

Patrick Crawford

Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.

Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.