Differences between Past Due Child Support and Retroactive Child Support
Child support is outlined in the Texas Family Code statute in Section 154. The terms past due child support and retroactive child support mean different things though they both relate to child support. The terms are defined:
Past due child support – this is also called ‘back’ child support. It is a result of a non-custodial parent’s failure to pay court ordered child support on time. This failure may be intentional refusal to pay or circumstantial; i.e. as a result of ill health, unemployment etc.
Retroactive child support – this is payment of child support for a certain period of time before the court officially grants child support. Below are examples of retroactive child support scenarios:
-An unmarried non-custodial parent may be required to pay for the other parent’s prenatal and labor expenses and child support dating back to the child’s birth.
-A divorcing parent may be required to pay retroactive child support for the months between the start of the divorce process until the court issues a child support order.
The main difference between the two types of child support is that one parent is refusing to pay court ordered child support and the other is paying for a period in which he/she was not ordered to pay the child support, though it is expected of him/her to provide some form of support and such support was not provided.
Court Imposed Penalties
Another difference between the two types of child support is the imposing of penalties. The retroactive child support is not related to any penalties. However, back child support has court imposed sanctions or penalties tied to it. Such penalties in Texas include:
-Payment of attorney fees
-Fines
-Jail time – incarceration for up to 6 months
-Suspension of driver’s license
-Denial of tax refunds or other government benefits
-Garnishment of wages
-Liens placed against real property – this is keeping possession of the property of another person until a debt is paid
-Denial of hunting, boating or professional licenses
If one fails to appear for the enforcement hearing for back child support, the court may issue a warrant for arrest (capias).
Exceptions to Past Due Child Support
The main exception for back child support is on the penalty is jail time. When a parent is in contempt and sentenced to jail they may suspend the sentence and award community supervision or probation. This includes provisions such as a payment schedule for the owed support. This schedule can also extend to current child support payments to be made on time. However, if the parent fails to follow the agreed terms of the probation such probation is revoked and they will be ordered to serve their original jail time ordered.
Exceptions to Retroactive Child Support
It is said to be reasonable to go back as far as 4 years for retroactive child support, however, the judge can go as far back as is in the best interests of the child.
As a custodial parent know your rights and if you are looking for child support in Houston Texas , contact attorneys who are experienced in family law cases.
If you are looking for divorce attorneys in Houston , the author recommends Busby & Associates.
Past due child support – this is also called ‘back’ child support. It is a result of a non-custodial parent’s failure to pay court ordered child support on time. This failure may be intentional refusal to pay or circumstantial; i.e. as a result of ill health, unemployment etc.
Retroactive child support – this is payment of child support for a certain period of time before the court officially grants child support. Below are examples of retroactive child support scenarios:
-An unmarried non-custodial parent may be required to pay for the other parent’s prenatal and labor expenses and child support dating back to the child’s birth.
-A divorcing parent may be required to pay retroactive child support for the months between the start of the divorce process until the court issues a child support order.
The main difference between the two types of child support is that one parent is refusing to pay court ordered child support and the other is paying for a period in which he/she was not ordered to pay the child support, though it is expected of him/her to provide some form of support and such support was not provided.
Court Imposed Penalties
Another difference between the two types of child support is the imposing of penalties. The retroactive child support is not related to any penalties. However, back child support has court imposed sanctions or penalties tied to it. Such penalties in Texas include:
-Payment of attorney fees
-Fines
-Jail time – incarceration for up to 6 months
-Suspension of driver’s license
-Denial of tax refunds or other government benefits
-Garnishment of wages
-Liens placed against real property – this is keeping possession of the property of another person until a debt is paid
-Denial of hunting, boating or professional licenses
If one fails to appear for the enforcement hearing for back child support, the court may issue a warrant for arrest (capias).
Exceptions to Past Due Child Support
The main exception for back child support is on the penalty is jail time. When a parent is in contempt and sentenced to jail they may suspend the sentence and award community supervision or probation. This includes provisions such as a payment schedule for the owed support. This schedule can also extend to current child support payments to be made on time. However, if the parent fails to follow the agreed terms of the probation such probation is revoked and they will be ordered to serve their original jail time ordered.
Exceptions to Retroactive Child Support
It is said to be reasonable to go back as far as 4 years for retroactive child support, however, the judge can go as far back as is in the best interests of the child.
As a custodial parent know your rights and if you are looking for child support in Houston Texas , contact attorneys who are experienced in family law cases.
If you are looking for divorce attorneys in Houston , the author recommends Busby & Associates.
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