Child support orders are documents that courts sign following child support hearings. These documents require one of the parents to reimburse the other parent for expenses that are associated with childcare.
Every state has its own formula to determine the amount of child support payments to be paid. Generally, the non-custodial parent’s income and other factors will determine the amount to be paid.
Typically, in child support orders, the court will order the payments to be made on a prospective basis. This means that the paying parent’s obligation to pay only begins after the child support order is signed.
In certain situations, the court may order the payment of retroactive child support. These payments are made for childcare-related expenses that were incurred prior to the child support order taking effect.
The court will determine when these retroactive payments must be made. There are several different situations in which a court may order retroactive child support payments. For instance, if the custodial parent can show a financial need for those payments.
In other situations, a court may order retroactive child support payments when the non-custodial parent attempts to evade child support payments altogether. The custodial parent might demonstrate to the court that the non-custodial parent hid assets or cash in order to avoid paying their share of child support. If this is the case, the court may order retroactive support.
In some states, there is no limit on the time period in which retroactive child support payments may be pursued. In other states, that period of time is limited. If an individual has any questions regarding retroactive child support in Texas, they should consult with a local Texas attorney.
How Far Back Does Back Child Support Go?
In Texas, back child support is, in general, limited to a maximum of four years. This means that if the non-custodial parent did not pay for five years, the custodial parent would only be able to petition for four years of retroactive child support.
Texas state laws, however, do provide some flexibility when determining how far back retroactive child support payments can go. For example, the custodial parent might be able to show that the non-custodial parent intentionally avoided supporting the child. If so, they might be able to pursue additional years of retroactive child support.
Another example would be if the child has special needs, such as those due to a disability. No matter the situation, Texas child support laws provide that child support payments cannot be awarded for the time in which both parents were living together.
What Are the Restrictions on Collecting Retroactive Child Support?
When calculating the amount of retroactive child support that is owed, a court will typically consider the income that the non-custodial parent earned during the time period for which retroactive payments are being sought. This will include any income that is made from investments and other types of income.
If, during that period, the non-custodial spouse earned significantly less or significantly more income than the custodial spouse, the court will consider this when determining whether to lower or raise the amount owed. A family court may also consider unofficial child support payments that the non-custody parent may have made during the time for which the retroactive payments are sought.
Unofficial payments are payments that were not made based on a court order. One example of this would be if the parents reached a voluntary agreement themselves about what the non-custodial parent was to pay during the period of retroactivity.
The payments that the non-custodial parent made during that period may be considered by the court to offset the amount of retroactive child support that would be ordered. When determining the amount of retroactive child support, a Texas court will typically consider the following factors:
- How much money the non-custodial parent had then, and how much they have now;
- Whether the non-custodial parent was aware that financial support was required;
- How much money the non-custodial parent has already paid.
Texas child support laws have set guidelines for courts to follow when calculating the amount of child support that will be owed, whether retroactive or current. When calculating child support, the court will apply guidelines that are based on the child’s best interest standard.
After determining the net monthly income, the family court will apply one of the following two standards. The first standard will apply if the non-custodial parent’s net monthly income is less than $9,200, and the second standard will apply if it is greater than $9,200.
When the monthly income is less than $9,200, the court will consider the number of children in the household. Texas child support laws have determined the following percentages based on the number of children:
- One child: 20% of net monthly income;
- Two children: 25% of net monthly income;
- Three children: 30% of net monthly income;
- Four children: 35% of net monthly income;
- Five children: 40% of net monthly income; and
- Six children: no less than 40% of net monthly income.
When the monthly income is more than $9,200, the court will apply these calculations to the first $7,500 of the non-custodial parent’s net monthly income. If the custodial parent can show that the child has needs that require more child support, the court can order more.
Examples of these types of needs may include, but may not be limited to:
- Tuition, such as for private school;
- Additional medical costs;
- Costs associated with tutoring;
- Extracurricular activities.
There is, however, a limit that will be placed on the amount of child support that is awarded. For example, assume that the custodial parent can only show that the child’s needs are $500 more than the minimum. In that case, the court can only order the non-custodial parent to pay $500 more than the minimum under Texas child support laws.
Will an Award of Retroactive Child Support Reduce Future Child Support?
Retroactive child support and regular child support will not reduce the amount of future child support payments. There are certain debts, including child support debts, that cannot be discharged during a bankruptcy.
In general, this debt does not expire. This means that attempts to collect retroactive child support are typically not subject to a statute of limitations.
What Happens if Back Child Support Is Not Paid?
The failure to pay retroactive child support may result in the paying parent being held in contempt of court because they are in violation of court order. Being held in contempt of court may result in monetary fines and possible jail time.
In addition, the non-custodial parent may face the loss of any professional licenses they hold. Some states will not renew a driver’s license if they do not pay their child support.
In addition, an individual’s employer can withhold a portion of their wages to pay for the retroactive child support.
Do I Need a Texas Family Lawyer for Retroactive Child Support Issues?
If an individual has any issues, questions, or concerns related to retroactive child support, they should consult with a Texas child support lawyer. You may believe you are owed retroactive child support. In this case, your lawyer can help you petition the court and demonstrate the amount you are due.
If you are being asked to pay retroactive child support, your lawyer can ensure that a fair payment is ordered or help you demonstrate that you do not actually owe. Your lawyer will advise you of the current child support laws in Texas and represent you during court appearances.
