Understanding Retroactive Child Support in Texas: A Guide for Parents
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.
Clarifying Retroactive Child Support and Back Pay
How does back child support work in Texas? During a divorce, child custody, or child support case, the judge may issue a court order for child support payments. If the noncustodial parent doesn’t pay, you may return to court to seek child support back pay.
Retroactive child support is different; it applies in situations where no previous order exists or where it was terminated.
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.
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
Retroactive child support is financial support backdated to the time of separation. In other words, if a higher-earning parent doesn’t provide financial assistance to the other parent until a court orders them to do so, they may owe retroactively for the amount they should have paid.
When a judge issues an order for child support, they may ask the higher-earning parent to pay the other parent retroactive support for the time between their separation and the court order. In contrast, back child support is money that a parent fails to pay even though they were previously ordered to by the court.
You can file for retroactive child support if there was no previous order for child support or if the parent who should pay wasn’t a party to the original claim for support. You can also file if a previous order was terminated due to a parent’s marriage or remarriage but that parent has now separated from their spouse.
Yes. Retroactive child support is often sought in cases where child support wasn’t previously ordered.
