No child support order - Can I collect arrears?

[NeedsHelpToday]

What is the name of your state (only U.S. law)? TX

I was issued primary custody of our child 7 years ago. I was not issued child support, so there is no order in place. When I contacted the child support office, they were unable to help me. I have not gone back to the courts to get an order.

Is it possible to collect retro-active child support for these 7 years? I have not received a single dollar from the other parent.

I have read some answers from people by doing a Google search, that say no, however, when my child was younger, I was able get retro-active child support for 3 years, before the court order was established. I'm not sure if things have changed now.

 

[mistoffolees]

You will almost certainly NOT receive support from the ex for the years no support order was in place.

You MAY receive support starting on the date you file, even if it takes several months for a hearing. So file as soon as possible.

Why in the world would you ignore the fact that there was no support order for 7 years - and then expect your ex to bear all the burden of bringing it up to date?

 

[NeedsHelpToday]

I think it's funny that you put it that way - bear all the burden.

I have been soley supporting our child for 7 years. No money, birthday/christmas presents, medical expenses, therapy costs from the other parent.

Our time in court was a nightmare. It was extremely trying on the entire family. We were in court for years. Our child was emotionally damaged from the entire process. Going back to court is not something I've wanted to do.

I have been awarded retro-active support, without having an order in place. The 3 year sum was divided into 12 months and paid out in addition to the order I received that day.

I was simply wondering if the law still worked that way.

 

[WittyUserName]

I think it's funny that you put it that way - bear all the burden.

I have been soley supporting our child for 7 years. No money, birthday/christmas presents, medical expenses, therapy costs from the other parent.

Our time in court was a nightmare. It was extremely trying on the entire family. We were in court for years. Our child was emotionally damaged from the entire process. Going back to court is not something I've wanted to do.

I have been awarded retro-active support, without having an order in place. The 3 year sum was divided into 12 months and paid out in addition to the order I received that day.

I was simply wondering if the law still worked that way.

Please elaborate; what order did you receive, then?

 

[mistoffolees]

You will almost certainly NOT receive support from the ex for the years no support order was in place.

You MAY receive support starting on the date you file, even if it takes several months for a hearing. So file as soon as possible.

Why in the world would you ignore the fact that there was no support order for 7 years - and then expect your ex to bear all the burden of bringing it up to date?

I'm going to have to modify this:
Welcome to TX Access

"If the parents were married, retroactive child support can be ordered back as far as the date the parents separated if married. If they are not married, child support could be ordered as far back as the date the child was born, plus prenatal and postnatal expenses not covered by insurance. However, the court will usually limit the amount of retroactive child support to an amount that does not exceed four years of support."

So there's your answer. Note that the court doesn't HAVE to do that - they could consider the fact that you made no effort to get an order in place. But they have the right to make it retroactive with the above limits.

 

[mistoffolees]

I think it's funny that you put it that way - bear all the burden.

I have been soley supporting our child for 7 years. No money, birthday/christmas presents, medical expenses, therapy costs from the other parent.

Our time in court was a nightmare. It was extremely trying on the entire family. We were in court for years. Our child was emotionally damaged from the entire process. Going back to court is not something I've wanted to do.

I have been awarded retro-active support, without having an order in place. The 3 year sum was divided into 12 months and paid out in addition to the order I received that day.

I was simply wondering if the law still worked that way.

Sheesh. You went through this once before, so you know about child support and how it works so you can't use ignorance of the law as an excuse. Yet you went 7 years without even applying for child support - and that's somehow your ex's fault?

YOU MADE A CHOICE go to 7 years without receiving support. Your choice, so stop whining about how hard it was to buy things without help.

You got the legal answer in my previous post.

 

[Isis1]

New info is always good to have!!

There goes texas again, being all weird....