In most orders, one parent (usually the non-custodial parent) is ordered to maintain a health insurance plan, but that still doesn’t account for uninsured expenses, like co-pays or emergencies. In Texas, both parties need to be mindful of the deadlines for requesting and reimbursing additional child support orders. In Texas, you can either collect payments yourself, or file an enforcement action with the Child Support Division of the Office of the Attorney General (OAG). Parents often don’t know where to start, and the process can seem overwhelming. You will simply need the help of a lawyer who is familiar with family court, as he or she can assist you with collecting the evidence you’ll need to present the court in Texas. For more information on how to calculate back child support, you can use the Moffett Law Firm’s Texas child support calculator for an estimate of what child support payments you might be entitled to. Support Collectors has developed a proven system that teams attorneys, investigators and enforcement specialists to work your case from every possible angle. For example, you want to make it clear in the “memo” on a check that you are paying support for June 2020, rather than just saying “monthly support.” A tracking service like SupportPay is the perfect solution for child support payments, as it creates an evidence trail that both parents can see and access if they ever need to go to Court. Another instance in which you might get retroactive child support is if the noncustodial parent has not paid any of the child’s expenses since birth, in which case he or she may have to pay dating back to the birth of the child. One day, the custodial parent requests reimbursement for private school tuition, and the obligating parent doesn’t agree to reimburse. Now what? If your child is 18 or older, you can still sue for back child support. My children were 41 and 39 when I obtained legal assistance, and I had not received child support payments for 35 years. If your child is 18 or older, you can still sue for back child support. The second way to collect support in Texas is to open up an enforcement action with the Office of the Attorney General (OAG). How Is Back Child Support Calculated? In general, courts say it’s reasonable to order back child support for up to the past four years. Basically, the court considers the net monthly income of the noncustodial parent, as well as the number of children the parent has. The shared ongoing expenses that both parents must split, such as uninsured medical care and educational expenses. For example, you can collect back child support by garnishing wages or by seizing property. For parents who are amicable, abiding by the order and keeping track of payments directly is usually the best option. Our lawyers combine experience, knowledge and compassion to give our clientsthe best service possible. Parents must keep in mind that base child support, or “guideline” support, is generally not enough for all expenses associated with raising a child. The key is to always pay through a method that gives you an indisputable record of what and when payments were made, and exactly what they were for. Thank you, guys. It could range from 4 years to 18 years of payments. There is also the added difficulty of how to collect child support add-on expenses, such as reimbursements when one parent fronts the cost of uninsured medical expenses or daycare expenses. Since all payments must be tracked through the agency, this can sometimes result in double or over payments, delayed payments, miscalculations, and court appearances to untangle the math. In fact, you have until four years after the child’s 18th birthday to file for back child support. SupportPay help parents easily communicate and track these expenses, reducing the likelihood they will become confused or angry with each other. “Since my lawyers took my case, they have collected $178,692.55. If you haven’t been paid any money from the other parent in months or years, you might be eligible to get retroactive child support. The number of years of payment you might get will vary depending on the facts of your case. No matter how old your children are, you can still collect back child support. They should provide the other parent an itemized statement of the charges, giving the obligating parent 30 days to reimburse their one-half obligation. The Texas family court calculates back child support the same way it does with current child support orders. They can also help recover back pay, and interest that accrues, if a parent fails to pay on time. You have an order for child support in California…. To learn more about how to file for back child support in Texas, please contact The Moffett Law Firm today for help with child custody legal matters. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. In that case, the children were 32 and 26 when the mother began child support collection. If you haven’t gotten financial assistance from the noncustodial parent, you can sue for back child support. First, get familiar with some of the laws about back child support, starting with how many years of funds you can be awarded. In Texas, a non-custodial parent is expected to pay child support until the child reaches 18 years of age. This means that the law requires the obligor, the person paying the child support, to make child support payments to the obligee, the person receiving the child support. Therefore, it makes sense to use technology to help with organizing requests and responses, such as the SupportPay platform. How far back can child support be collected? In fact, you have until four years after the child’s 18th birthday to file for back child support. At worst, they can also hold a non-compliant parent in contempt of court or impose quasi-criminal penalties. If the noncustodial parent has not helped financially, it’s time to find out how to file for back child support in Texas. Later, wage withholding became available, no matter how old the missed child support payments and no matter how long the non-paying parent had avoided his or her court-ordered duty to pay child support. The Child Loses Support Children do best when they receive the emotional and financial support of both parents. Texas courts often grant this the same day they order regular monthly child support. When children do not receive consistent support, it can affect their quality of life. If we don’t collect, you don’t pay. Your email address will not be published. To get more answers for your unique case, contact the Houston child support attorneys at The Moffett Law Firm to learn more. They collected the child support and interest due to me, and I would like to thank my lawyers for working so hard. When the obligor does not make proper payment, he or she is considered to be in arrears. For example, you can collect back child support by garnishing wages or by seizing property. Retroactive child support means that the other parent has to pay the child support they did not pay in the time period before the child support order was issued. In other cases, the children were in their 50s and 60s. Your email address will not be published. My ex-husband was only ordered to pay $100 a month, and he never paid. But if you’ve been without child support for longer than that, you might be able to get more if you can prove that the noncustodial parent knew about his or her obligation to pay and purposely avoided doing so. These strict timelines are imposed in order to prevent a situation in which one parent collects a large amount of expenses, surprising the other parent with a huge bill. Know how to handle social media during your divorce, The importance of thorough asset valuation in Texas divorces. Some frequently asked questions about retroactive child support include: If you’re looking for answers, this article is for you. Once you contact a Houston divorce lawyer who has experience with child support cases, you can begin the process of getting back child support. It can deter parents from coming to agreements outside of court or the agency, which generally should be encouraged. Required fields are marked *. We’ll give you the legal guidance you need to start your case. Co-Parenting Over the Holidays: Tips for Florida Families, Three Holiday Tips for New York Co-Parents. Moffett Law Firm 440 Louisiana StreetSuite 2450Houston, TX 77002, Free Parking on-site in the Lyric Center Garage, Get the help you need. For example, if the agency has a wage garnishment imposed on the obligating parent, but the parents work something else out for one or more months, the garnishment still goes through. There are advantages and disadvantages of working with the OAG. Can you get back child support after age 18 in Texas. An added benefit of using a platform to track these requests is ensuring each request is proper per the order. The child can be 15, 45 or older.. Why You Should Choose Us. Both of these methods are available forever. Support Collectors Collects Back Child Support on Texas Court Orders. The Texas Supreme Court, the highest court of appeals in Texas, put it this way in a case called In the Interest of A.D.: In 1974, the only means available to collect unpaid child support were contempt and a money judgment. While the method of collection usually depends on how well the parents work together, parents need to decide how to manage two different types of support: 1. It could range from 4 years to 18 years of payments. It simply does not matter how old the children are. 713-987-4250. The number of years of payment you might get will vary depending on the facts of your case. There is no “statute of limitations” on using them. So how does back child support work in Texas? Imagine a situation where the child support order only includes add-ons for shared medical expenses and day care. by Moffett Law Firm | Oct 16, 2018 | Firm News. Generally, the parent who paid for the expense should use a reliable method to inform the other parent of the expense within 30 days of incurring the expense. Child Support 2 Collect charges no upfront fees. I thank God for sending legal help to me. Then, to calculate retroactive child support, the court can add up the months when the parent should have been paying. This is why introducing a solution like SupportPay, which empowers parents to track their payments, can be a great solution. In Texas, you can either collect payments yourself, or file an enforcement action with the Child Support Division of the Office of the Attorney General (OAG). Either parent can open up a case with the OAG, as the office does not represent either parent- their only interest is in enforcing the order and making sure the child has the support they need. Raising a child can be expensive, and both parents should be sharing that financial burden even if they’re no longer together. Failure to pay current or back child support can lead to property liens, driver’s license suspension, lawsuit filings, incarceration and more. If you have custody of your child and have not gotten financial support from the other parent, you might be entitled to retroactive child support in Texas. All Rights Reserved. SupportPay can easily produce the correspondence for the Judge, who would determine that expense as being an invalid and unenforceable request.