Contents
Under Texas law, non-custodial parents are expected to support their children financially. Such support typically lasts until the child turns 18, but there are instances where the requirements end early or span long after the child’s 18th birthday. Understanding the statute of limitations on child support is key, as it determines how long a parent has to seek overdue payments.
This guide will cover key information on child support limitations in Texas. If you are in any of the situations described below, our law office is available to assist.
Texas Child Support Statute of Limitations
When a court order for child support is in place, the parent obligated to pay must do so consistently. Failure to make these payments can result in serious consequences such as wage garnishment, tax refund interception, or bank levies. Sometimes, the non-paying parent may face jail time, though imprisonment doesn’t resolve the financial issue. However, there is a deadline for enforcing unpaid child support.
Texas law allows the parent receiving child support to seek back payments up to 10 years after the child turns 18. If a parent misses payments during the child’s upbringing, the receiving parent still has time to enforce the order, but the clock begins ticking once the child becomes an adult.
Statute of Limitations Table
Here’s a quick overview of the timeframes involved:
| Situation | Timeframe to Seek Overdue Support |
|---|---|
| Child support order in place | 10 years after the child turns 18 |
| No child support order in place | 4 years after the child turns 18 |
What if There Was No Child Support Order?
Sometimes, a parent may not have been paying child support simply because no official court order was implemented. In such situations, the receiving parent can seek retroactive child support, but the statute of limitations is stricter. The parent has only four years after the child’s 18th birthday to file a claim for back child support if no prior order existed.
Retroactive child support is often limited to what would have been owed in the four years leading up to the claim. However, if the non-paying parent took active steps to avoid paying support (such as hiding income or moving to evade responsibility), the court may order them to pay more than just the four years of missed payments.
FAQs on Child Support Statute of Limitations
Can a parent get out of paying child support after the statute of limitations passes?
Yes, once the statute of limitations passes, the receiving parent can no longer file a claim for missed payments. For court-ordered child support, this deadline is 10 years after the child turns 18. For cases without a court order, the parent has to seek retroactive support four years after the child turns 18.
What happens if a parent files for child support enforcement after the deadline?
If the receiving parent misses the deadline, the court will deny the claim for unpaid child support. It is important to act within the legal timeframe to avoid losing the ability to collect overdue payments.
Can child support payments continue after the child turns 18?
Child support payments can extend beyond the child’s 18th birthday in certain situations, such as if the child is still in high school or has a disability that requires ongoing financial support.
What are the consequences for a parent who doesn’t pay child support?
Failure to pay child support can result in several enforcement actions, including wage garnishment, tax refund interception, and license suspension. In extreme cases, a parent may face jail time for failing to comply with a child support order.
How can a parent seek retroactive child support?
If no child support order is in place, the parent must file a claim within four years of the child turning 18. They can seek payments for up to four years of missed support, potentially more if the other parent actively avoided their obligation.
Can child support enforcement be modified after it’s filed?
Once a claim for back child support is filed, it can still be modified based on new information. For instance, if the court finds that the non-paying parent was actively hiding income or assets, it may adjust the total owed.
Is there a way to collect unpaid child support from many years ago?
Yes, Texas law allows parents to seek unpaid child support for up to 10 years after the child turns 18 if a court order is in place. If no order is in place, the window for collecting retroactive support is four years.
Dealing With Child Support Issues
Child support issues can become complicated, especially if payments were missed or a court order was never established. A lack of enforcement in the past does not mean the paying parent is free from responsibility. The law provides avenues for enforcing child support and seeking back payments, but timing is critical. A Texas family law attorney can offer guidance and support if you need help navigating your child support case, whether enforcing an existing order or filing for retroactive support.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.