WHAT IS RETROACTIVE (“OR BACK”) CHILD SUPPORT?
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.
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.