Legal Question in Family Law in Texas

My husband has been paying child support above the amount mandated in the divorce decree. The divorce decree was established in Oklahoma about 16 years ago. His son has reached age 18 and will be finishing high school with in the next few months. As mandated child support will terminate at the time of his son's graduation with no obligation to continue if his son pursues college. My husband and I live in Texas and have for over 6 years. Our concern is the possibility that his ex-wife may take us back to court for a child support adjustment based on my husband's increased income over the past few years. Can she make us pay additional child support after the divorce decree's obligations have been met?


Asked on 1/06/12, 8:49 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

No. Child support can't be modified for some "back period" of time.

It works like this: You might file a motion for modification in February 2011. The case doesn't come to trial until November 2011. The court can change (modify) the child support retroactive to February 2011, but can't go back any farther than that (farther than the date of filing of the petition, or the date that the other party was served).

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Answered on 1/07/12, 8:04 am


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