Oftentimes, many parents believe that unless a court order is given, child support payments do not need to be paid. These parents are mistaken and will be unpleasantly surprised with retroactive child support. This article will discuss what retroactive child support means and how is it determined. CALL THE HOUSTON DIVORCE EXPERTS AT (832) 410-8935 What is Retroactive Child Support? Retroactive Child Support occurs when a parent who should have been making child support payments, prior to the date the court order was established, fails to do so. Two statutes in the Texas Family Code discuss retroactive child support: Section 154.009 and Section 154.131. Back Child Support in Texas Section 154.009 of the Texas Family Code states, (a) The court may order a parent to pay retroactive child support if the parent: has not previously been ordered to pay support for the child; and was not a party to a suit in which support was ordered. (b) In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter. (c) Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request. (d) Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if: the previous child support order terminated as a result of the marriage or remarriage of the child’s parents; the child’s parents separated after the marriage or remarriage; and a new child support order is sought after the date of the separation. (e) In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child’s parents. As outlined above, the court may order a parent to pay retroactive child support if the parent had not been ordered to have done so before. Note, according to this section, if an agreement to pay child support had been halted and later on needed to be reactivated, retroactive child support may also kick in. This will be better illustrated through an example. Suppose child support payments were halted due to a new marriage; when that marriage ends, the need for child support will be reactivated. The court then may order retroactive child support initiating at the date of separation. Factors Considered in Ordering Retroactive Child Support The court will consider many factors in rendering an order for retroactive child support. These factors are outlined in Section 154.131 of the Texas Family Code which states, (a) The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered. (b) In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether: the mother of the child had made any...
Read more
source http://www.houstondivorcelawyerformen.com/retroactive-child-support-back-child-support-in-texas/
No comments:
Post a Comment