Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may order a parent to pay retroactive child support if the parent:
(1) has not previously been ordered to pay support for the child; and
(2) was not a party to a suit in which support was ordered.
(b) In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter.
(c) Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request.
(d) Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if:
(1) the previous child support order terminated as a result of the marriage or remarriage of the child's parents;
(2) the child's parents separated after the marriage or remarriage; and
(3) a new child support order is sought after the date of the separation.
(e) In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child's parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter A. Court-Ordered Child Support
Section 154.001. Support of Child
Section 154.002. Child Support Through High School Graduation
Section 154.003. Manner of Payment
Section 154.004. Place of Payment
Section 154.005. Payments of Support Obligation by Trust
Section 154.006. Termination of Duty of Support
Section 154.007. Order to Withhold Child Support From Income
Section 154.008. Provision for Medical Support and Dental Support
Section 154.009. Retroactive Child Support
Section 154.010. No Discrimination Based on Marital Status of Parents or Sex
Section 154.011. Support Not Conditioned on Possession or Access
Section 154.012. Support Paid in Excess of Support Order
Section 154.013. Continuation of Duty to Pay Support After Death of Obligee
Section 154.014. Payments in Excess of Court-Ordered Amount
Section 154.015. Acceleration of Unpaid Child Support Obligation
Section 154.016. Provision of Support in Event of Death of Parent