Retroactive or Back Child Support
So you had a child with someone, parted ways, and you decided to be nice. You didn’t want to fight with the child’s parent, didn’t want to make life more difficult for him or her by demanding they pay back child support.
Maybe they promised to help with expenses on an as needed basis or promised to help pay for college. Maybe they were out of work or in a different state. But the promises never materialized and now you are asking yourself “can I get back child support?”
Having a child is a life changing event. And both parents, even if they are not together after the birth, are responsible for supporting the child. In Texas there are laws that may allow you to receive some of the back child support, or retroactive child support from the non-custodial parent.
What is Retroactive Child Support?
Retroactive child support is support that is ordered by the court if there have never been any orders regarding support, and one parent did not provide financial support for the child during the period of time there were no orders.
When Can a Court Order Retroactive Back Child Support?
There are certain situations when a court can order back child support.
Pursuant to Texas Family Code Section 154.009, a court may order a parent to pay retroactive child support in Texas if the parent:
- Has not previously been ordered to pay support for the child; and
- Was not a party to a lawsuit in which support was ordered.
But just because a court may order retroactive child support, this does not mean a court will do so. If both of these elements are true, a judge will look at the facts and determine whether in the judge’s discretion, retroactive child support would be in the best interest of the child.
Factors to Establish Retroactive Child Support
Judges will look at the facts of every case on an individual basis to determine whether retroactive child support should be ordered. Some factors the judge may consider in making their decision include:
- Whether the non-custodial parent was aware of their responsibility to support the child;
- Whether the custodial parent made any attempts to inform the non-custodial parent of their responsibility to provide child support;
- The financial situation of the non-custodial parent during the time period when they did not support the child;
- The current financial situation of the non-custodial parent;
- Whether the non-custodial parent has provided any support, financial or otherwise, outside of a court order; and
- Whether the retroactive child support order will impose an undue financial hardship on the non-custodial parent.
How Much Money Will I Get in Back Child Support?
If a judge determines in his discretion that back child support is appropriate, he will use the child support guidelines found in section 154.125 of the Texas Family Code to calculate the amount.
Under these guidelines, the court will determine the total net resources of the non-custodial parent during the relevant time period, but the court can’t go back further than four years. The court will also look at the number of children eligible for support and calculate a percentage of the non-custodial parent’s monthly income. This percentage will determine the amount of retroactive child support.
Navigating issues with kids and families can be complicated and frustrating. Let Penning Law help guide you and answer your questions about family law. Penning Law will assist you with all aspects of your legal needs. Contact Us.
Heather is currently a member in good standing of the Real Estate, Probate, Trust and Family Law sections of the State Bar of Texas. Heather is also certified by the State Bar of Texas to represent litigants and proposed wards in heirship and guardianship proceedings.
