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Houston Divorce & Family Law Attorney Richard J. Tholstrup

The Tholstrup Law Firm, L.P.

440 Louisiana, Suite 800
Houston, Texas 77002
    2002 Timberloch, Suite 200
The Woodlands, Texas 77380
Phone: 713.225.1280 Fax: 713.225.1344
E-Mail:  tholstru@sbcglobal.net
Home Page:  www.tholstruplaw.com

Family Law Attorney Richard J. Tholstrup

Retroactive Child Support

 

In a suit for child support, the court can award retroactive child support in Texas which is repayment of monies spent for the care of the child in the support. It represents funds for the non-supporting parent owed to the supporting parent in the past..

Termination of parental rights does not eliminate the arrearage that may be due at the time of the termination. Only the supporting parent (usually the mother) can modify/ reduce the amount of the child support arrearage owed. The judge shall award attorneys fees for collection of child support arrearage owed and the judge shall determine as to how much these attorney fees shall be.

If a father does not know about a child that he has fathered, the retroactive child support is limited to 4 years. If a father does know about a child that he has fathered, retroactive child support may be ordered to the time of the birth of the child.

It is extremely important that a child support order be put in place before a child turns 18 years of age. In not doing so, it may completely eliminate a parent's ability to collect any retroactive child support.