Unless parents agree to a child support payment schedule on their own terms, a court will intervene and create one for them, but not in all cases. Sometimes the court will have not enough information to come to a decision, or it will conclude that no child support is necessary. Does this mean that if you weren't collecting child support for a duration following your divorce, you can never get money for those months?
In Texas, there is a way to possibly go back and receive child support for months where none was paid. This is known as retroactive child support, and is as uncommon as it is useful.
Proving Child Support Should Have Been Paid
There are numerous reasons why child support might not have been paid during a certain length of time. It could be the consequence of a complicated divorce or separation, but it is most likely going to be due to the lack of a court order to make payments. No matter the reasons, a divorce can come to the court and ask for retroactive child support, usually for a maximum duration of 48 months.
Much like an original child support hearing, during a retroactive one, the parent seeking financial aid will need to show that it is necessary and that the other spouse can reasonably pay it. Retroactive child support orders can get fairly complex since past and future circumstances will need to be weighed, unless the petitioner only wants retroactive support and nothing for the future.
The court will also consider:
- If the petitioner has attempted to collect child support in the past.
- If the obligor should have known the petitioner needed aid.
- If retroactive support will create hardship for the obligor.
- If hardship ever existed for the petitioner.
- If the obligor has given unofficial support to the petitioner.
- If the child is too old to warrant child support (22 or older).
For legal assistance with child support, future or retroactive, you can come to Springer Law Firm PLLC. Our Katy divorce attorneys have more than 65 years of collective legal experience we can use to help you figure out just how much child support you deserve to live comfortably while raising your children. Contact us today, tell us what is going on, and we can tell you what you should do next.