CHILD SUPPORT ARREARS VS. RETROACTIVE CHILD SUPPORT IN TEXAS FAMILY LAW
Below are some nightlights from the video:
- This question of whether or not one parent should pay back child support to another parent is litigated everyday in Houston family courts.
- Retroactive child support and child support arrears are litigated every day in Texas. Retroactive child support is when is there no court ordered obligation for the non-custodial parent to pay the custodial parent, and then the court grants a judgment on nonpayments going back to separation of 4 years against the noncustodial parent for all the unpaid support he should have been paying.
- But child support arrears are when there is a current child support order for the non-custodial parent to pay and he falls behind. While retroactive child support is often negotiable, in the case of arrears, usually the custodial parent simply wants the outstanding balance collected so they can get what is owed to them.
- Enforcement lawsuits to collect back child support arrears are litigated across Harris county. With both of these forms of back child support, a lot of times there is dispute over whether or not a non-custodial parent did in fact provide support for the child. As you can imagine, there is often disagreement over payments where a custodial parent says the absent parent never supported the child but the noncustodial parent says he did but doesn’t have the receipts to prove his support. Many times it comes down to a question of fact for a judge to decide.
- Currently The statutory minimum interest on child support in TX is 6%. It could be worst, just a few years ago it was 12%. Number one tip for both custodial parents and non-custodial parents, save good records of all money that trades hands, so the court can have an easier time to confirm what exactly is owed from the non-custodial parent to the custodial parent