Legal Question in Family Law in Texas

You CAN go all the way back (15 years), depending on certain factors.

You'll want to look at the Texas Family Code sections 160.636(g) and (h) and at section 154.131.

Section 154.131 says that:

(b) In ordering retroactive child support, the court shall

consider the net resources of the obligor during the relevant time

period and whether:

(1) the mother of the child had made any previous

attempts to notify the obligor of his paternity or probable

paternity;

(2) the obligor had knowledge of his paternity or

probable paternity;

(3) the order of retroactive child support will impose

an undue financial hardship on the obligor or the obligor's family;

and

(4) the obligor has provided actual support or other

necessaries before the filing of the action.

(c) It is presumed that a court order limiting the amount of

retroactive child support to an amount that does not exceed the

total amount of support that would have been due for the four years

preceding the date the petition seeking support was filed is

reasonable and in the best interest of the child.

(d) The presumption created under this section may be

rebutted by evidence that the obligor:

(1) knew or should have known that the obligor was the

father of the child for whom support is sought; and

(2) sought to avoid the establishment of a support

obligation to the child.

In other words, there is a PRESUMPTION that the Judge goes back only four years (when ordering retroactive child support), but you can put on evidence that will rebut the presumption (and get more money).

I have personally been involved in a case where the Judge order 15 years' worth of retroactive child support.

You'll want to try to get evidence of Dad's earnings for the past 15 years. Retro is based on how much he actually earned.