Issues of divorce, child custody, and child support can be difficult to resolve, but an experienced divorce lawyer can help. If you don’t have a court order for child support in place, you might wonder whether you can still seek retroactive child support in Texas.
What is retroactive child support? In this article, we review what you need to know and what steps to take to find out if you are eligible for retroactive child support in Texas.
The Basics of Retroactive Child Support
If you already have a court order for child support and the noncustodial parent isn’t paying, you would seek back child support in Texas to collect what you’re owed. However, you may wonder, “Can I get back child support if I never filed?”
In cases where there is no existing order for child support, retroactive payments may be ordered back to the date of separation. Typically, Texas courts limit these payments to a period of four years prior.
Navigating Retroactive Child Support Laws in Texas
According to Texas Family Code § 154.009, a noncustodial parent can be ordered to pay retroactive child support when no previous order exists or if that parent wasn’t party to a lawsuit in which support was ordered.
It may also be available if there was a previous support order but that order was terminated because a parent got married or remarried. If that marriage ends, the custodial parent can seek child support retroactive to the date of the separation.
What Is Back Child Support?
Back child support is different from retroactive support. It refers to unpaid child support that was already ordered by the court but has not been paid. In other words, it’s support that is past due.
If a parent fails to make payments on time, those missed payments become arrears, and the parent owes that money until it’s fully paid.
How Is Back or Retroactive Child Support Paid?
Once a court orders payment, back or retroactive child support can be paid in several ways:
- Lump-sum payment if the parent has available funds
- Payment plans arranged through the court
- Wage withholding, where payments are automatically deducted from paychecks
Courts may also use enforcement tools such as liens on property, intercepting tax refunds, or bank account garnishment.
The Process of Claiming Retroactive Child Support
If you have a court order for child support that wasn’t paid, you can consult a lawyer about how to collect back child support in Texas. However, if a court order was never issued, you will need to build a case for retroactive payments.
This starts with filing a petition with the court and providing information about parental income, outside support, and the needs of the child. From there, you will attend hearings and plead your case. The best way to do this is with the help of an experienced family law attorney.
Common Scenarios for Retroactive Child Support Claims
Why would a custodial parent seek retroactive child support? Perhaps your handshake agreement with a noncustodial parent for financial support is no longer adequate, or the other parent never paid what they promised they would.
Maybe circumstances have changed, and you now need an order of support where one wasn’t necessary before. Establishing paternity could be another reason for seeking retroactive child support.
Overcoming Challenges in Retroactive Child Support Claims
Common challenges when seeking retroactive child support include establishing paternity, proving financial need, and contending with claims of financial hardship by the noncustodial parent. A family law attorney can help you navigate this difficult process.
Consequences of Not Paying Back Child Support
Failure to pay court-ordered child support has serious consequences in Texas. The state can:
- Suspend driver’s or professional licenses.
- Withhold wages and seize bank accounts.
- Deny passport renewals.
- File liens against property.
- Pursue contempt of court charges, which can lead to jail time.
These measures show how seriously Texas courts treat unpaid support. Even when financial hardship exists, it’s important to seek legal help before payments fall behind.
Skilled Support for Retroactive Child Support From Mims Ballew Hollingsworth
Don’t struggle with filing for retroactive child support on your own. At Mims Ballew Hollingsworth, our compassionate team offers the reliable legal guidance you need, providing legal solutions custom tailored to your situation.
To schedule an appointment to discuss the specifics of your case, contact us today.
Fort Worth, TX Divorce & Family Lawyers
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
FAQs on Retroactive Child Support in Texas
It is support ordered for a period before a child support case was filed. It ensures that the child receives financial support for the time before the court order was established.
In Texas, you can generally sue for up to four years of retroactive child support. However, if the parent knew about their obligation and intentionally avoided paying, the court may extend the timeframe.
Courts calculate retroactive child support using Texas child support guidelines. The calculation is based on the paying parent’s income, the child’s needs, and the parent’s ability to pay during the retroactive period.
Back child support is paid through court-ordered arrangements such as lump-sum payments, wage withholding, or payment plans managed by the court.
Sometimes. Courts may lower the amount if the paying parent provided voluntary support or could not pay during the period in question.
