Legal Question in Family Law in Texas
Statute of limitation on back child support.
I do not have an order of child support. We used to work it out then 5 yrs ago he asked to stop paying and said he would allow my current husband to adopt my son. Now he wont sign over his rights.
Can I still go for all the back child support once I obtain a child support order? Is there a statute of limitations of how far I can go back for support?
3 Answers from Attorneys
Re: Statute of limitation on back child support.
It's a shame you did not do this a few years ago.
The TX Legislature now limits how many years you can go back -- I think it's 4 years.
Good luck!
Re: Statute of limitation on back child support.
Fran is exactly right - you may go back as far as 4 years to obtain back child support.
If nothing else, perhaps the threat of paying 4 years worth of back child support will convince him to move forward with relinquishing his rights.
Re: Statute of limitation on back child support.
The TX Family Code presumes that the four year before the suit was filed is a reasonable period for calculating retroactive child support and is in the child's best interest. This presumption MAY be overcome by showing certain requirements to the court. You should seek the assistance of a law firm to further discuss attempting to overcoming the presumption. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).
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