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Retroactive Child Support

Child Support Lawyers in Dallas, Texas

Retroactive child support is defined as the child support that you may be obliged to pay at some point, but have not been ordered yet by the court. The court may order you to pay child support starting from the day that you separated from your spouse but it could be a few weeks or months later till you receive court orders. Because there is a difference between the date of separation and court orders, the time passed become labeled as retroactive child support. If a couple separates and they are not married, then the date that your child support obligations begin is at the time of the child's birth.


Retroactive child support is not always ordered and it may not be if the couple comes to court shortly after they break up. If you have already been paying child support without the court orders, then the payments can be credited. You can be ordered to pay retroactive child support if you have not paid before or if a child support lawsuit was not filed against you in the past. It is also important to note that retroactive child support is not automatic. The parent who has the prime custody of the children must specifically request in the court papers to have the other spouse pay child support in Texas. The Attorney General may also put in a request for child support. If neither requests for child support, then it will not be ordered.



Retroactive child support may be calculated based on the percentage of income you were earning at the time child supported was ordered. This is the same calculation used when calculating regular child support. Let’s take for example that you were earning minimum wage at the time that your child was born but your salary has increased now. You would be paying the percentage based on your previous minimum wage earnings. It is vital that if you are ordered to pay child support, then you comply.



Collection efforts or enforcement actions can be used against you if you fail to pay. You may not always be ordered to pay retroactive child support. Usually the courts will order you to pay if they can prove that you have known about your child and you still showed no effort to contribute. If you are able to provide any records of child support payments, this will demonstrate that you making the effort to support your child.


Further terms must be factored in to determine if you are a parent to an older child that you weren’t aware existed. The resources of the non-custodial parent will need to be evaluated as well as reviewing if ordering child support will impose financial hardship on the current family of the non-custodial parent. The court will also determine if the custodial parent made any previous attempts to notify the spouse of the child or if the spouse had any knowledge they might be a parent.



If you are a father and need the help of a knowledgeable child support to represent you, we are here to help. Our legal team has worked on hundreds of cases over the years and can provide you an aggressive representation for your case. With a combined experience of more than 20 years and a proven record of excellent customer service, our legal team can help you understand all aspect of your case and provide a strong legal representation.


Our team of child support lawyers of Dallas, Texas have the experience of representing our clients for all kinds of retroactive child support matters. If you or a loved one has an outstanding child support payment and need the help of an attorney to fight for you rights, our legal team is here to help you. Our attorneys offer a FREE CONSULTATION for all our potential child support clients. Call us at 972.789.1664, email us at contact@dallasarealaw.com, or fill out the form on this page to schedule a FREE CONSULTATION with one of our child support lawyers.


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