What is Retroactive Child Support?
Retroactive child support is when a person is ordered to pay child support for past periods. Retroactive child support is often referred to as back child support. The time period for retroactive child support in Texas is typically four years, but sometimes people are ordered to pay less than four years of retroactive child support.
If you believe that you are owed retroactive child support, it is important that you contact an experienced family law attorney who can assist you in determining if this is the case and how you must proceed legally.
The law is very clear – people who are ordered to pay retroactive child support have to pay it. If they don’t pay child support, then they could get into serious trouble.
Will I be Able to get Retroactive Child Support?
The following criteria will be taken into consideration before the court can determine whether you are eligible for retroactive child support.
- The other parent’s income or assets during the time period
- Whether the other parent knew that the child existed
- Whether the parent attempted to tell the other parent about the child
- Whether the parent experienced a financial hardship that made it difficult to pay child support
- Whether the parent paid child support in the past
The best interest of the child is the main thing that the court takes into consideration. The other parent will likely be ordered to pay child support if they knew that the child existed. They will also be ordered to pay child support if the custodial parent sought child support.
However, there are many reasons that a person may not be ordered to pay retroactive child support. For example, if the parent did not know that they had a child, they may not be ordered to pay retroactive child support. Additionally, if the custodial parent told the other parent that their support was not needed or wanted, then the non-custodial parent may not have to pay back child support.
As you can see this type of case can be very complex and there are many reasons that retroactive child support may not be granted, but a family law attorney will be able to guide you through this process.
How to Seek Retroactive Child Support
You will need to file a petition to get retroactive child support. The petition will have to ask for child support going back to a certain date. You will have to prove the following to get retroactive child support.
- The child had needs that were not met due to the non-payment of child support.
- The other parent hid their finances in order to avoid paying child support.
- The other parent purposely avoided contacting you.
You should request retroactive child support as soon as possible. The longer you wait, the less likely you will be to get it. The judge will calculate back child support based on the income of both parents. They will also want to know if the other parent has made any payments in the past. The judge wants to make sure that child support does not cause the other person to suffer financially.
Retroactive child support is very complicated. There are multiple factors that have to be considered. That is why it is a good idea to hire a Dallas family law attorney. Your attorney will make sure to fight for you and your child so that you get the back child support you deserve.
If you want to talk to a Dallas family law attorney or a family law attorney in the DFW area, then you can call one of the following numbers. Call today for a free consultation
Arlington (817) 522-4451
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Plano (972) 354-4602
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Garland (214) 572-2251
Denton (940) 222-4060
Addison (972) 564-8108
You can also contact us online by using our quick contact form.
