Raising a child can be expensive, and both parents should be sharing that financial burden even if they’re no longer together. If you have custody of your child and have not gotten financial support from the other parent, you might be entitled to retroactive child support in Texas.
Some frequently asked questions about retroactive child support include:
- How is back child support calculated?
- Can you get back child support after age 18 in Texas?
If you’re looking for answers, this article is for you.
What Is Retroactive Child Support in Texas?
If you haven’t been paid any money from the other parent in months or years, you might be eligible to get retroactive child support. Texas courts often grant this the same day they order regular monthly child support. A parent might owe retroactive child support in Texas to pay for expenses between the date the divorce was filed in the courts and the date of the child support order.
Another instance in which you might get retroactive child support is if the noncustodial parent has not paid any of the child’s expenses since birth, in which case he or she may have to pay dating back to the birth of the child.
Back Child Support Laws in Texas
If the noncustodial parent has not helped financially, it’s time to find out how to file for back child support in Texas. First, get familiar with some of the laws about back child support, starting with how many years of funds you can be awarded.
How far back can child support be collected? In general, courts say it’s reasonable to order back child support for up to the past four years. But if you’ve been without child support for longer than that, you might be able to get more if you can prove that the noncustodial parent knew about his or her obligation to pay and purposely avoided doing so.
To get more answers for your unique case, contact the Houston child support attorneys at The Moffett Law Firm to learn more.
How to Get Back Child Support in Texas
Once you contact a Houston divorce lawyer who has experience with child support cases, you can begin the process of getting back child support. So how does back child support work in Texas? Here are the answers to some common questions on this subject.
Can I Sue for Back Child Support?
If you haven’t gotten financial assistance from the noncustodial parent, you can sue for back child support. You will simply need the help of a lawyer who is familiar with family court, as he or she can assist you with collecting the evidence you’ll need to present the court in Texas.
Can You Get Back Child Support After 18 in Texas?
If your child is 18 or older, you can still sue for back child support. In fact, you have until four years after the child’s 18th birthday to file for back child support. The number of years of payment you might get will vary depending on the facts of your case. It could range from 4 years to 18 years of payments.
How Is Back Child Support Calculated?
The Texas family court calculates back child support the same way it does with current child support orders. Basically, the court considers the net monthly income of the noncustodial parent, as well as the number of children the parent has. Then, to calculate retroactive child support, the court can add up the months when the parent should have been paying.
For more information on how to calculate back child support, you can use the Moffett Law Firm’s Texas child support calculator for an estimate of what child support payments you might be entitled to.
To learn more about how to file for back child support in Texas, please contact The Moffett Law Firm today for help with child custody legal matters. We’ll give you the legal guidance you need to start your case.