New Braunfels, TX asked in Child Support for Texas

Q: My daughter’s mom requested a child support modification and is also requesting 4 years of retroactive child support.

My original child support order was created in 2009 and supposedly expired in 2011 from what I am being told. However, I continued to pay from 2009 to current through our registry only account until recently when my daughter’s mom requested a modification. I have since agreed to the new amount but now she is asking for retroactive child support but I have never missed a payment and have always assisted with my daughter’s expenses outside of the order. I have tried researching this online but from what I read, retroactive child support is usually granted with the non custodial parent failed to pay before the modification or was not part of the original suit. I was told by the mediator that I will have to show evidence of what I paid for outside my child support payments but I never kept a log over the last 4 years and find it very challenging to try and locate expenses from that long ago now. We are located in Texas. Thank you!

Related Topics:
1 Lawyer Answer
Jonathan Tanaka
Jonathan Tanaka
  • Harker Heights, TX
  • Licensed in Texas

A: Thanks for your question! It sounds like it'd be helpful to reach out to a local, family law attorney in the area (New Braunfels) so they can learn more about the facts in this current matter and also review the original child support order from 2009.

How did you agree to a new, modified amount? Was that through a court order? Be careful about doing anything informally. You always want to pay your support to the Texas State Disbursement Unit, otherwise it can be difficult to get "credit" for your payments.

A child support order normally does not require you to pay for the child's expenses as you mentioned.

You should be able to request and obtain a free record of your payments by contacting the Office of the Attorney General and asking for a "Financial Activity Report"

Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.