Understanding the Basics of Child Support Obligations
When navigating child support matters in Texas, it’s crucial to understand how retroactive child support differs from child support arrearages. Though often confused, each term refers to very different legal obligations that can significantly impact parents’ rights and financial responsibilities.
What Is Retroactive Child Support?
Retroactive child support refers to support payments ordered for a time period before a court order was established. This situation typically arises when:
- The parents were never married.
- No child support case was filed immediately after the child was born.
- A noncustodial parent didn’t financially support the child during the early years.
Texas courts have discretion when awarding retroactive child support, and judges often weigh several factors before determining the amount.
When Can Retroactive Child Support Be Ordered?
Under Texas Family Code § 154.009, a court may award retroactive child support going back up to four years from the date the petition was filed. However, in some cases—especially when a parent intentionally avoided support—the court can exceed that limit.
Factors Considered by the Court
The court evaluates whether retroactive support is appropriate based on:
- Whether the noncustodial parent had knowledge of the child’s existence
- Whether the parent tried to avoid support obligations
- The financial situation of both parents
- The amount of actual support (if any) previously provided
- The best interest of the child
What Are Child Support Arrearages?
Child support arrearages refer to missed payments after a child support order has already been established. Unlike retroactive support, arrearages are considered delinquent obligations and can lead to serious consequences, including:
- Wage garnishment
- Property liens
- License suspension
- Tax refund interception
- Jail time in extreme cases
Enforcing Arrearages
The custodial parent (or the Texas Attorney General’s Office) can file a Motion for Enforcement to recover unpaid child support. This legal action can include requests for:
- A judgment on the past-due amount
- Interest and penalties
- Court costs and attorney fees
Key Differences Between Retroactive Child Support and Arrearages
| Category | Retroactive Child Support | Arrearages |
|---|---|---|
| Timing | Before support order is issued | After support order is issued |
| Court Discretion | Judge may or may not order retroactive support | Judge must enforce delinquent payments |
| Calculation | Based on guidelines and financial history | Based on missed payments and interest |
| Enforcement Tools | New support order issued | Wage garnishment, license suspension, etc. |
Why This Distinction Matters
Misunderstanding the difference between these terms can lead to confusion and unintentional noncompliance. Whether you are seeking retroactive support or facing enforcement for arrearages, it’s vital to understand:
- Your legal obligations
- Your rights as a custodial or noncustodial parent
- The legal remedies available to you
How Kristin Kline Can Help
As a Texas family law attorney with years of experience in child support litigation, modification of court orders, and enforcement, Kristin Kline provides clients with tailored legal strategies to:
- Establish fair and accurate support orders
- Defend against unjust retroactive claims
- Enforce unpaid child support
- Modify existing orders due to changes in income or custody
Kristin handles all cases one-on-one, ensuring each client receives the attention and strategic insight they need to move forward confidently.
Related Legal Services
To further support clients navigating child support issues, Kristin also offers assistance in:
- Paternity establishment litigation (important for initiating retroactive support)
- Custody and visitation rights litigation
- Spousal support & alimony litigation (if both child and spousal support are involved)
- Divorce mediation and alternative dispute resolution (for peaceful settlements)
Common Questions About Retroactive Support and Arrearages
Q: Can both retroactive support and arrearages apply to the same case?
A: Yes. A court may order retroactive support at the start of a case and later enforce arrearages if payments fall behind.
Q: Is interest added to arrearages?
A: Yes. In Texas, unpaid child support accrues 6% interest annually, making prompt compliance critical.
Q: Can arrearages be forgiven?
A: Only the custodial parent—not the court—can agree to waive arrearages, and this must be formalized through the legal process.
Next Step
If you’re uncertain about whether your case involves retroactive child support, arrearages, or both—Kristin Kline can help. With decades of experience in Texas family law, she provides honest, informed legal guidance and personal support.
Call Kristin Kline today to schedule a consultation or fill out the online contact form to get started.