Many unwed fathers often don’t seek to establish paternity when their romantic partners give birth to a child. The unwed father may be actively involved in supporting the child or may choose not to provide much support. Mothers may file a petition requesting a court to require the father that does not provide support to pay a fixed amount of monthly child support.

Sometimes the mother asks the court to request the father to pay “back child support” or “retroactive child support”.

Does Texas Have Retroactive Child Support?

How Does Retroactive Child Support Work Texas?

Texas expects both parents to support the child.  A parent may file a lawsuit for retroactive child support if a court has never ordered the other parent to pay child support previously, or if the other parent was not party to a suit in which child support was ordered. In Texas, back child support and retroactive child support do not mean the same thing.

Retroactive child support involves child support within the period after the child is born but before a court issues a support order. Child support arrears is the child support amount owed after a court issues a support order.

People often go to court for retroactive child support for clarification about child support obligations. This often happens when the child gets older and their needs get more complex. When deciding for retroactive child support, the court considers if the ex-spouses were cooperating in supporting the child, and the party that has been covering most of the expenses.

How Much Back Child Support Is A Felony In Texas

How Far Back Does Back Child Support Go In TX?

Texas law requires the parents of a child born out of wedlock to provide for the protection, maintenance, and education of the child until the child reaches 18 years of age.  The mother can file a petition to request for reimbursement for expenses she incurred if the father never supported the child. For this petition to succeed, the mother needs to provide the amount she incurred for pregnancy-related expenses, education expenses, and other expenses that were necessary for the child’s development.

The mother may only be awarded the total amount she incurred while covering all these expenses.  In some states, the mother’s income may be considered when a lower court is deciding whether the father should reimburse her for expenses incurred. This may happen when the mother requests the court to consider pregnancy-related medical expenses as part of the expenses incurred in raising the child.

The amount the father ends up paying is determined by the income of both parents.

Time Frame For Claiming Child Support

You are allowed to file for retroactive child support back to the date you and your ex separated.  Most Texas courts only go back four years. The only time they go back more than four years is when there is evidence the other party knew they were the parent but still failed to provide support for the child.

Getting back child support is mostly possible if you filed for child support previously. Texas courts hold that you can only calculate back child support for up to the previous four years.