Retroactive Child Support Texas | Statute Limitations (2020)
Affordable Legal Help | Jun 04, 2020
RETROACTIVE CHILD SUPPORT IN TEXAS
Sometimes many parents assume that they do not need to pay child support unless a court orders them to do so. However, this is not true and such people must understand the Retroactive Child Support Laws in Texas. The following information will guide you what Retroactive Child Support is and what factors determine it.
WHAT IS RETROACTIVE CHILD SUPPORT?
When a parent should have been making child support payments, before the court order was confirmed, but fails to do so, Retroactive Child Support occurs. When clients break up with their partners or spouses, they want to establish Retroactive Child Support. It makes them wonder if Retroactive Child Support is applicable in Texas and how much can they expect. Read on to find out what the Texas Family Code Child Support has to say about it.
Retroactive Child Support means that besides a court ordering monthly child support from a current date moving ahead, the court requires a non-custodial parent to pay child support for previous times when the parent was not paying any support.
If a non-custodial parent has not paid child support for several years they would be significantly behind child support. This could be a few thousand dollars to a lot more. We at Affordable Legal Help can get you the Retroactive Child Support you deserve. Our team of hard-working and qualified lawyers can help.
You may read also: Texas Child Support Calculator
IS CHILD SUPPORT MANDATORY IN TEXAS?
As ordered by the court, a non-custodial parent must pay the full amount of child support each month. It can be paid in the form of cash, check, bank transfer, direct deposit, Zelle or Venmo.
HOW FAR BACK IN TIME WILL THE RETROACTIVE CHILD SUPPORT GO?
The Retroactive Child Support will go back usually to no more than 4 years unless the other parent avoided supporting the child, intentionally or if there were other special needs. However, child support cannot be awarded for the time when both the parents of the child in question were living together.
The state of Texas suggests a maximum of four years to permit collecting child support back to the date when you applied for child support. But Texas laws also allow some flexibility in deciding how far back to go in awarding Retroactive Child Support.
DOES AN AWARD OF RETROACTIVE CHILD SUPPORT REDUCE FUTURE CHILD SUPPORT PAYMENTS?
In short, No Retroactive Child Support is granted in addition to the regular child support and it does not reduce future payments.
CAN TEXAS FAMILY CODE CHILD SUPPORT ORDER RETROACTIVE CHILD SUPPORT?
Yes, Texas Courts can order Retroactive Child Support under Texas Family Code Child Support Section 154.009 if:
- has not been ordered previously to pay child support; and
- Was not a party to a suit in which child support was ordered?
The Texas Family Code Child Support may order a non-custodial parent subject to a previous child support order to pay Retroactive Child Support if:
- The previous child support order was terminated as a result of the marriage or remarriage of the parents of the child.
- The parents of the child in question separated after the marriage or remarriage.
- A new child support order is sought after the date of separation of parents.
Some parents may assume that they are responsible for child support if there is an order in place by a Texas family code court order. However, a parent may not be forced to pay child support without a court. The Texas family code child support may find the non-supporting parent responsible for the time they did not pay, once the court order is established.
Retroactive Child Support Texas is not ruled by the Texas Family Code Child Support when paternity is established. It is determined by facts on the trial judge's part.
When asking for child support the oblige parent can ask for the following in their petition to the court:
- Current Child Support
- Retroactive Child Support
Retroactive Child Support is not automatic. As with other things sought according to the law, the custodial parent must plead for Retroactive Child Support in the court. Our attorneys at Affordable Legal Help are qualified and committed to resolving your legal matter.
Recommended Read: WHEN DOES CHILD SUPPORT END IN TEXAS?
HOW FAR BACK CAN CHILD SUPPORT GO IN TEXAS?
Under the presumption of Texas Law, Retroactive Child Support for four previous years is sufficient and in the best interest of the child in question. If evidence is presented, this presumption may be overcome and support for additional years can be granted if the obligor:
- "Knew or should have known that the obligor was the father of the child for whom support is sought;
- Sought to avoid the establishment of a support obligation to the child" Tex. Fam. Code 154.131(d).
OTHER FACTORS FOR RETROACTIVE CHILD SUPPORT TEXAS
- If the non-custodial parent was familiar with his obligation to pay child support or the father knew of his paternal status.
- Before the filing of the action, the parent has provided actual support and other necessaries.
- The Retroactive Child Support Texas order will impose an undue financial burden on the obligor or his family.
- If the non-custodial parent has given any support outside of a court order to the child in question, financial or otherwise.
- The non-custodial parent's financial situation, both during the time-frame in question and currently.
- Any previous attempt made by the custodial parent, to inform the other parent of their obligation.
FROM WHEN DOES THE COURT DECIDE TO ESTABLISH RETROACTIVE CHILD SUPPORT IN TEXAS?
In most cases, to determine when to begin Retroactive Child Support in Texas, a court will consider the following factors:
- The time when the parents of the child in question separated as the place to establish Retroactive Child Support or
- If the parents were never together, then the court goes back to the birth of the child.
HOW IS RETROACTIVE CHILD SUPPORT IN TEXAS CALCULATED?
If a Texas family court decides to order Retroactive Child Support, the amount of the Retroactive Child Support payment according to the Texas Family Code Section 154.009 will be calculated using the same formula, to calculate guideline child support.
- The Texas court will consider the net monthly income of the parent ordered to pay child support, the number of children before the family court.
- The number of children not present before the court.
- The Court will add up the number of months in which child support should have been paid. This will determine the total amount of Retroactive Child Support in Texas.
We at Affordable Legal Help are dedicated to 100% client satisfaction.
HOW TO AVOID BACK CHILD SUPPORT IN TEXAS?
- Always pay child support for your children through a check, money order, or any way that you can document and provide proof of, in a court of law. Never pay in cash. This will clearly show that you are providing support.
- Even when there is no court order in place that obliges you to pay child support, it is a good idea to pay it. It is your obligation as a good and responsible parent. If this goes to family court you could end up owing back child support. If a parent can prove they have been providing support to their kids, a Judge is going to be lenient and not overly strict to make you pay the exact dollar figure that should have been paid. They will give the parent credit for providing support to their child.
WHAT IS BACK CHILD SUPPORT TEXAS STATUTE LIMITATION?
The statute of limitations for seeking back child support in Texas, when a court order is in place, is ten years from the child's 18th birthday. If no claim is made by the deadline, then recovery for back child support in Texas may be denied.
CAN I SUE FOR RETROACTIVE CHILD SUPPORT IN TEXAS
If you haven't received financial assistance or child support from the non-custodial parent, you can sue for back child support in Texas. All you need to do is take the help of the lawyers at Affordable Legal Help. We are familiar with family court and we can assist you with collecting the proofs you will need to present in a Texas court.
CAN YOU GET BACK CHILD SUPPORT IN TEXAS AFTER 18?
If your child is over 18 years of age, you can still sue for Back Child Support. You have in fact, until four years after the child's 18th birthday to file for Back Child Support in Texas. The number of years of payment you might get will depend on your unique circumstances. It could be anything from 4 years to 18 years of payments.
To learn more about how to file for Back Child Support in Texas, please contact Affordable Legal Help today. Our team of professional Family Attorneys will guide you through child custody legal matters. We will give you the legal guidance you need to start your case without burning a hole in your pocket.
Recommended Read: HOW FAR BEHIND ON CHILD SUPPORT BEFORE JAIL IN TEXAS
DO I NEED AFFORDABLE LEGAL HELP?
If you or a loved one is seeking to establish Retroactive Child Support, it is practical to speak with an experienced family lawyer. Consulting our dedicated team of family lawyers at Affordable Legal Help can help you to understand your options and help you to deal with the legal complications.
Learn more about our commitment to offering our best legal services by scheduling a consultation with one of our experienced family lawyers.