Is there a statute of limitations for filing a claim for retroactive or pass-due child support in Texas?

This article addresses whether a child support statutes of limitations in Harris and Montgomery County in Texas.

If there is already a court order

The Texas Family Code states that a motion to render judgment for past-due child support arrearages must be filed no later than ten years after the date on which (i) the child becomes an adult or (ii) the support obligation terminates under the child support order. Tex. Fam. Code § 157.005.

This means a court has the power to reduce pass-due child support to a money judgment until ten years after either of the above occur.

If there is not already a court order

The Texas Family Code states that a suit requesting retroactive child support must be filed prior to the fourth anniversary of the date of the child's 18th birthday. Tex. Fam. Code § 154.131.

How many months and years can be awarded in back child support?

The presumption under Texas Law is that retroactive child support for four prior years is reasonable and in the best interest of the child.

This presumption may be overcome and support for additional years can be awarded if evidence is presented 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.” Tex. Fam. Code 154.131(d).
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Law Office of Bryan Fagan | Spring, TX Child Support Lawyers

Our Spring, TX Child Support Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan handles Child Support cases in Spring, TX or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

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