Raising a child alone while unpaid support piles up can feel crushing. I’ve seen many Texas parents walk into my office with years of receipts in hand. They wonder if they’ve missed their chance to collect child support because they never filed.
Many parents are not aware that they may have the right to seek retroactive child support even if they never filed before.
If you’re asking “Can I get back child support if I never filed in Texas?” – the answer is yes. But there are important limits you need to know about. If a parent has never filed for child support, they must specifically file for retroactive child support to receive any support owed.
I’m a Texas family law attorney with over 20 years of experience. I’ll walk you through Texas retroactive support rules, filing procedures, time limits, and what to do next. This guide comes from Texas Family Code § 154, recent family court cases, and real insights from experienced family law attorneys like me who handle these cases every day.
Article Highlights
- You can claim up to 4 years of back child support even if you never filed before
- File before your child turns 22 or lose your right to retroactive support forever
- Courts can order support back to birth if the other parent avoided their duty
- Only documented payments count – informal cash without receipts typically won’t reduce what’s owed
Understanding Child Support in Texas
What Counts as Child Support Under State Laws
Under the Texas Family Code, child support is a court-ordered financial obligation. One parent pays the other for their child’s care and needs. The purpose isn’t to punish the paying parent. It’s to make sure children get proper financial support from both parents. I tell clients that Texas law sees this as the child’s right, not the parent’s.
You need to understand the difference between “financial support“ and extra expenses. Legal child support includes the monthly payment amount of support ordered by the court. This covers basic needs like:
- Housing
- Food
- Clothing
- Medical care
- Reasonable expenses related to the child’s care, such as medical bills, school fees, and daycare costs
Extra expenses don’t count as official child support payments. These include:
- Birthday gifts
- Occasional grocery purchases
- Buying school supplies directly
I’ve had many clients think their ex’s random cash payments would count. They don’t. Parents who try to handle child support informally without the court lose their legal power to collect.
Prospective vs. Retroactive Support
Child support in Texas works in two distinct time periods.
First, prospective child support refers to ongoing monthly payments. These begin once the court issues an order and continue until the child turns 18 or graduates from high school—whichever comes later. The obligation may also extend in certain circumstances, such as if the child has a disability. Importantly, these payments must be made through official channels, typically the Texas State Disbursement Unit.
On the other hand, retroactive support covers the time period before a court order was established. Under Texas Family Code § 154.009, courts have the authority to order a parent to pay child support for past periods when no formal order was in place. Generally, the law limits this retroactive support to the four years preceding the filing of the petition.
However, this four-year cap isn’t absolute. If the court finds that the parent knew they were the biological parent and intentionally avoided their support responsibilities, it may order retroactive support beyond the standard limit. So, even if you never filed for child support before, you can still take action now—and you may be able to collect back child support.
Retroactive (Back) Child Support in Texas
When You May Request Retroactive Support
I tell clients they can request retroactive support in several situations. Informal agreements between parents are not legally enforceable and do not replace the need for a formal court order.
- Never got a court order after separation – This is the most common case. Many parents try an informal agreement that eventually falls apart. Retroactive support is only considered if the custodial parent filed a formal request with the court.
- Paternity was established later – Maybe the father first denied paternity or DNA testing wasn’t available right away.
- Other parent avoided legal papers – If they dodged process servers or moved without giving forwarding information, courts often see this as bad faith. This justifies retroactive support awards.
How Texas Courts Calculate the Amount
Texas courts use a specific formula based on the obligor’s gross resources during the relevant period of time. Gross resources include all income sources:
- Wages
- Self-employment income
- Bonuses
- Commissions
- Rental income
- Dividends
- Even unemployment benefits
The court then makes standard deductions for:
- Federal taxes
- Social security
- Union dues
- Health insurance for the children
The calculation applies these percentages to net resources:
- 20% for one child
- 25% for two children
- 30% for three children
- And so on
Estimate Your Retroactive Child Support
Calculate potential retroactive support based on Texas guidelines
wmtxlaw.comTexas courts follow state guidelines to determine the appropriate amount of support, ensuring the calculation aligns with the law and considers factors like income, custody arrangements, and the number of children involved.
In some cases, courts may give credit for voluntary payments made before the order—but only if there is proper documentation. I always advise clients to keep every receipt, bank record, or any proof of payment. Without clear evidence, informal support typically won’t count. The court will decide the starting point for retroactive support based on the evidence presented, establishing when the obligation should begin.
Additionally, special factors can affect the final amount. For example, if the paying parent earned significantly more during the retroactive period than they do now, the court may calculate support based on those higher past earnings. This is especially important for self-employed parents, whose actual income may not be obvious. In such cases, forensic accounting may be necessary, since tax returns alone often don’t reflect true earnings.
Limits & Exceptions to the Four-Year Cap
The four-year retroactive support cap creates a rebuttable presumption under Texas Family Code § 154.131. This means courts assume limiting retroactive support to four years is fair. But you can overcome this presumption with evidence.
The “knew or should have known” standard is the key exception I use most in practice. To go beyond the four-year limit, we must prove two things:
- The obligor knew or should have known they were the parent
- They tried to avoid establishing support
Evidence of hidden assets or income can support this claim. I once helped a mother whose ex-partner owned multiple businesses under relatives’ names. The court awarded support from birth because of this deception.
Courts may award full birth-to-filing arrears when the obligor:
- Changed jobs frequently to avoid wage garnishment
- Used cash businesses to hide income
- Made clear statements about refusing to pay support
Courts don’t like parents who actively dodge their duties. If a parent failed to pay child support, the custodial parent may need to sue to recover back child support.
Filing for Back Child Support When You Never Filed Before
Can You File a Claim?
Answer a few questions to see if you may be eligible to file for retroactive child support in Texas.
wmtxlaw.comStep-by-Step Process to Open a Case
Step 1: Establish Paternity (if parents weren’t married)
Even if everyone agrees on paternity, legal establishment is required. Your options include:
- Signing a voluntary acknowledgment of paternity
- Getting a court order through DNA testing
- Using the marital presumption if the child was born during a marriage
Step 2: Complete the Texas OAG Application
Fill out the Texas Office of Attorney General (OAG) application for child support services. You can:
- Apply online through the Child Support Interactive website
- Call for mailed forms
- Visit a local office
Gather all paperwork before starting. You’ll need:
- Birth certificates
- Social Security numbers
- Employment information for both parents
- Financial records
Step 3: File the Petition
The petition must request both current and retroactive support. Proper service on the other parent is crucial. They must get legal notice through a sheriff, constable, or process server. Some parents try to avoid service, but we can use other methods like service by publication if needed.
Choosing Representation
Texas Attorney General's Child Support Division provides free services for establishing and enforcing child support. They handle:
- Paternity establishment
- Support calculations
- Collection efforts
However, they represent the State of Texas, not you personally. They won't help with custody or visitation issues. State agencies have enforcement power to locate parents and ensure child support payments when there is a court order.
Hiring an experienced family law attorney makes sense for complex cases. If the other parent is self-employed, owns businesses, has hidden assets, or already hired an attorney, private representation protects your interests. We can:
- Pursue aggressive discovery
- Hire financial experts
- Fight for maximum support amounts
Limited-scope representation offers a middle ground. Some attorneys handle specific parts of your case, like appearing at the enforcement hearing or reviewing your financial documents. This balances cost concerns with the need for legal advice.
Required Evidence & Helpful Financial Records
Successful retroactive support cases need lots of documentation. Essential records include:
Financial Documentation:
- Tax returns for the past three years (both parents)
- Pay stubs showing year-to-date earnings
- Bank statements showing income deposits
- Business records for self-employed parents
Support-Related Records:
- Documentation of voluntary support payments
- Receipts for child-related expenses
- Medical insurance information
- Childcare payment records
I tell clients to organize everything by date. Create a spreadsheet showing what the other parent should have paid each month versus what they actually gave. Document every expense you covered alone:
- Housing
- Food
- Medical care
- School costs
- Activities
All of these matter.
Enforcing and Collecting Retroactive Support
Enforcement Tools Available in Texas
Once you get a retroactive support judgment, Texas offers powerful collection tools:
Income Withholding Orders These go straight to employers, who must take support from paychecks.
Tax Refund Interception
The state can redirect both federal and state tax returns to pay child support arrears.
License Suspension Texas suspends:
- Driver's licenses after 60 days of being behind
- Professional licenses after 120 days
I've seen doctors, realtors, and contractors quickly find payment solutions when their livelihood is threatened. The state also suspends hunting and fishing licenses.
Contempt of Court For serious cases, this can result in jail time - up to six months per violation. While judges prefer payment to jail, the threat motivates many reluctant parents.
Property Liens These attach to real estate, vehicles, and bank accounts.
Credit Reporting The state reports late payments to credit bureaus. This affects the obligor's ability to get loans or credit. The court may impose penalties on a non-custodial parent for failing to meet their child support duties.
Collecting After Judgment: Practical Tips
Automatic Income Withholding is your best tool for steady collections. Make sure the employer gets the withholding order quickly. Watch payments through the OAG portal, which gives real-time payment tracking and case updates. Report any employer changes right away to keep withholding going.
Monitor for Changes If circumstances change a lot - either parent's income goes up or down by 20% or more - consider asking for a modification. Remember modifications only work going forward. Past-due amounts stay collectible.
Use Available Services The OAG provides free modification services. However, private attorneys can often get better results in complex situations.
Special Situations & Common Misconceptions
Informal Agreements & Verbal Promises
I can't stress this enough: informal agreements don't change court-ordered support amounts. Texas courts regularly reject claims that "we agreed I'd pay less" or "she said I didn't have to pay." Only written court orders count. Verbal promises have no legal weight in child support matters.
To convert informal arrangements to binding orders, you must file proper motions with the court. Even if both parents agree, the judge must approve any support amount of money to make sure it meets the child's needs. Document all informal payments carefully. While they don't reduce the legal obligation, courts may credit proven payments against the total owed.
Retroactive Support During Divorce Proceedings
Special rules apply when asking for retroactive support during divorce. Child support obligations may arise during the parents' marriage as well as after divorce, depending on the legal status of the parents' relationship. If the parents divorced before and got support orders, then remarried and separated again, retroactive support may cover the gap period. The previous order must have ended due to the remarriage.
During pending divorces, temporary orders typically handle current support needs. A written separation agreement approved by the court can clarify support obligations during periods of separation and help avoid disputes. Retroactive claims get resolved in the final decree. Coordination with property division becomes important. Sometimes retroactive support awards offset against community property divisions.
Back Support for Adult Children With Disabilities
Support duties can extend past age 18 for children with disabilities needing continuous care. Ongoing support can significantly impact the quality of life for adult children with disabilities, ensuring their needs are met throughout their life. Retroactive support claims for disabled adult children follow similar procedures but may use different calculation guidelines. Courts look at the child’s specific needs and care requirements.
The disability must exist before the child’s 18th birthday for extended support eligibility. Mental or physical problems that prevent self-support qualify. I’ve successfully gotten retroactive support for adult children with:
- Autism
- Cerebral palsy
- Severe developmental delays
FAQs on Can I Get Back Child Support If I Never Filed
How far back can I get retroactive child support in Texas?
Texas courts usually award up to four years before you file, but they may order more if the other parent knew of paternity and dodged support.
Key Points:
Four-year rule: Texas Family Code § 154.131
Proof of bad-faith avoidance can extend support to the child's birth
Texas courts typically limit retroactive child support payments to four years before you file your petition under Texas Family Code § 154.131. However, they can order support back to the birth of the child if you prove the non-custodial parent knew about the child and purposely avoided their child support obligation.
You must file before the statute of limitations expires on your child's 22nd birthday. The four-year presumption can be challenged with evidence. Proving knowledge of paternity and avoidance is crucial for extending the retroactive period.
Courts look at whether the parent tried to dodge financial responsibility through:
Firstly, hidden assets
Frequent job changes
Also, other sneaky behavior
Child support attorneys can subpoena evidence of concealment to support extended claims. The period of time covered ultimately depends on how strong your evidence is.
Can Texas child support ever go back to the child's birth?
Yes. If you prove the parent knew or should have known they were the parent and purposely avoided support, judges may order birth-to-filing arrears.
Evidence includes:
Firstly, prior acknowledgments
Likewise, hidden income
Also, service evasion
Guideline percentages still apply:
20% for one child
25% for two
To exceed the 4-year presumption, you must prove the parent knew or should have known about paternity and show purposeful avoidance of support duties. Document attempts to seek support or establish paternity and show "extreme circumstances" justifying an extended period.
Therefore, legal advice is crucial for building this complex argument. Child support attorneys must present strong evidence. Courts have discretion but need solid proof of bad faith conduct.
Evidence may include:
Prior acknowledgments of paternity
Attempts to avoid service of legal papers
Deliberate income hiding through cash businesses or frequent job changes
Clear statements about refusing to pay support
Birth-to-filing awards still follow guideline percentages established in Texas Family Code § 154.125.
What documentation do I need to win retroactive child support?
Courts want a month-by-month paper trail of income and unmet expenses.
Income Records:
Firstly, tax returns
W-2s/1099s
Also, bank deposits
Likewise, business ledgers
Expense Records:
Firstly, receipts for childcare
Also, medical bills
Similarly, school fees
Voluntary Payment Records:
Money-order stubs
Zelle/Venmo records
Text messages
Hence, successful retroactive child support claims need complete documentation showing the non-custodial parent's income, knowledge of paternity, and any support provided during the relevant period of time. Courts need evidence to calculate the proper amount of support owed under Texas guidelines.
Essential documentation includes:
Firstly, tax returns for the child's other parent (subpoenas may be needed)
Similarly, evidence of paternity knowledge (texts, emails, social media)
Records of any informal support provided
Likewise, medical expenses and insurance documentation
Including, proof of child custody arrangements during the period
Evidence of income changes or hidden assets
Also, birth certificates and paternity documents
Child support attorneys can help get hard-to-find financial records through formal discovery procedures. Organize everything by date and create a spreadsheet showing what the other parent should have paid each month versus what they actually gave.
Does unpaid child support accrue interest in Texas?
Absolutely—6% simple interest per year builds up on every past-due amount until paid.
Key Facts:
Interest begins the month a payment is missed
Continues during payment plans and enforcement actions
Retroactive child support payments build up interest at 6% simple interest per year from the date the court enters the formal order according to Texas Family Code § 157.265. This interest becomes part of the child support obligation and can be enforced through the same methods as the main amount.
Interest applies to all unpaid retroactive payments from the order date forward. The 6% rate is set by law and cannot be waived by agreement between parents. Past due child support interest compounds the total debt a lot over time.
Thus, the child support enforcement agency includes interest in all collection efforts. Interest keeps building until the full amount of support is paid, even during active payment plans. This makes the total amount owed much higher over time. It gives extra reason for the non-custodial parent to stay current on payments.
How do I file for back child support when paternity isn't established?
Establish paternity first through an AOP or DNA test, then file a petition that requests current and retroactive support.
Services Available:
Free AOP services: Texas OAG
Proper service starts interest and enforcement clock
You must legally establish paternity before seeking retroactive child support payments. Once paternity is confirmed through DNA testing or acknowledgment, you can request support dating back to separation or the birth of the child. The four-year limit typically runs from when you file, not from paternity establishment.
The paternity and support process includes:
Firstly, filing for genetic testing through the court
Also, establishing the non-custodial parent's legal relationship
Likewise, requesting both current and retroactive payments at the same time
Thus, unmarried parents have equal support rights under Texas law. The child's other parent cannot avoid past duties by claiming ignorance of paternity. Child support obligation begins at birth regardless of when paternity is legally established. Legal counsel can speed up both paternity and support proceedings.
Options include:
Firstly, signing an Acknowledgment of Paternity (AOP)
Secondly, getting a court order through DNA testing
Lastly, relying on the marital presumption if it applies
Will asking for retroactive support change my custody or visitation order?
Usually not—Texas handles support and custody separately.
Important Points:
Judges issue two distinct rulings if both matters are heard together
Persistent non-payment can still influence future custody evaluations
In Texas, child support and child custody orders are handled separately. Requesting back pay doesn't automatically change possession schedules. However, proof that a parent shirked financial responsibility can influence future custody hearings if it shows a pattern of not acting in the child's best interests.
If both issues are heard together, the judge will issue two distinct rulings:
One for support
One for custody/visitation
Thus, the court's main concern in custody matters is the best interest of the child. Support calculations follow law guidelines. While non-payment alone rarely changes custody, it can be considered alongside other factors in modification proceedings. Judges may view chronic non-support as evidence of a parent's unwillingness to put the child's needs first.
What if the other parent gave me cash payments instead of court-ordered support?
Cash counts only if you can prove it with receipts or supporting evidence.
Important Facts:
Judges often treat undocumented cash as gifts
Use traceable methods moving forward
Cash payments create big proof problems in retroactive child support cases because Texas courts rarely credit informal support without documentation. The amount of money given in cash is nearly impossible to verify. Judges need solid evidence to reduce any child support obligation.
To address cash payment issues:
Firstly, gather any text messages or emails acknowledging payments
Likewise, get witness statements from people who saw exchanges
Also, show bank deposits matching claimed payment amounts
Understand that undocumented cash won't offset the full amount of support owed. Legal advice suggests using checks or money orders going forward. The child support enforcement agency only recognizes documented payments. Courts may give partial credit with strong supporting evidence.
Without receipts, bank deposits, or written acknowledgments, judges rarely credit informal cash support against retroactive duties.
How is self-employment income calculated for retroactive child support?
Courts look beyond tax returns to actual cash flow and lifestyle evidence.
What Courts Review:
Firstly, bank deposits
Also, ledgers
1099s
Likewise, non-cash perks
Expert Help:
Self-employed parents' retroactive child support calculations need forensic analysis of tax returns, bank deposits, business records, and lifestyle evidence to find true income during the relevant period of time. Courts closely examine claimed business expenses since not all tax deductions reduce the amount of support owed under Texas child support guidelines established in Family Code § 154.125.
Depreciation and paper losses don't reduce support duties. Courts look at gross receipts, not just net profit. Lifestyle analysis often reveals unreported cash income. Income changes throughout the retroactive period matter for accurate calculations.
Business financial records undergo detailed review. Child support attorneys often hire forensic accountants to uncover hidden income. The non-custodial parent must provide complete documentation or face negative inferences. Non-cash perks like company cars, housing, or other benefits are counted as income.
What happens if the paying parent can't afford the full retroactive amount?
Debt remains; judges set payment plans combining current support with arrearage installments.
Key Points:
Interest still builds at 6%
Wage garnishment and license suspensions stay in play
Therefore, courts may establish payment plans for large retroactive child support payments, but the full obligation remains enforceable with 6% annual interest building on unpaid balances as required by Texas Family Code § 157.265. The past due child support never expires. Inability to pay immediately doesn't reduce the total child support arrearages owed.
Payment arrangement options include:
Firstly, monthly installments added to current support
Also, lump sum payment agreements with potential discounts
Likewise, wage garnishment up to legal limits
Lastly, asset liquidation under court supervision
The child support enforcement agency monitors compliance with all payment arrangements. Importantly, bankruptcy cannot discharge child support debts. While income changes may affect payment plans, they don't reduce the total amount owed. Interest continues building until the debt is fully satisfied. The obligation doesn't disappear if the parent cannot pay immediately.
How long does it take to get a retroactive child-support order in Texas?
Uncontested OAG cases may finish in 60–90 days; contested matters with paternity or complex finances often take 6–12 months.
Factors Affecting Timeline:
Firstly, private counsel can speed discovery and hearings
Secondly, delays increase arrears—file early
The timeline for getting retroactive child support varies from 60-90 days for simple agreed cases to 6-12 months for contested matters involving complex financial obligations or paternity disputes. Working with the child support enforcement agency typically takes longer than hiring private child support attorneys.
Factors affecting timeline include:
Firstly, complexity of income changes and financial discovery
Whether paternity is already established
Also, cooperation of the child's other parent
Court docket congestion in your county
Likewise, need for forensic accounting or expert testimony
Lastly, service of process challenges
Hence, temporary support may be ordered during proceedings. Expedited hearings are available in certain circumstances. Private attorney representation sometimes speeds the process through aggressive case management. Every month you wait potentially costs you a month of recoverable support due to the four-year limitation.
What's the deadline to file for retroactive child support after my child turns 18?
You must file by your child's 22nd birthday (four years after age 18). Miss the deadline and the claim is permanently barred.
Important Details:
Firstly, applies only to retroactive claims, not existing arrears
Also, file ASAP to maximize recoverable period
Texas law sets a strict deadline - you must file for retroactive child support payments no later than the 4th anniversary of your child's 18th birthday. This statute of limitations applies even if the non-custodial parent never paid any support during the child's minority. The deadline is your child's 22nd birthday with no exceptions.
This applies to retroactive payments only, not existing child support arrearages from prior orders. Past due child support from existing orders has different time limits and can be collected indefinitely. Child support attorneys recommend filing as soon as possible to maximize the period of time covered.
Thus, missing this deadline permanently bars your right to seek retroactive support. Once a court establishes a child support debt, it never expires and cannot be discharged in bankruptcy.
What's the difference between retroactive child support and back (arrears) child support?
Retroactive support covers periods with no prior order; back support is unpaid amounts from an existing order.
Key Distinctions:
Retroactive claims limited by four-year rule (unless exception)
Back support has no expiration and collects interest until paid
Hence, retroactive child support applies when there was never a formal order in place and covers support from the birth of the child or separation date under Texas Family Code § 154.009. Back child support (arrearages) refers to past due child support from an existing court-ordered child support obligation that went unpaid.
The key distinctions include:
Firstly, retroactive payments can be ordered even if the non-custodial parent never had a support order
Secondly, back support builds up when someone violates an existing child support obligation
Lastly, different statute of limitations apply - retroactive claims must be filed within 4 years of the child's 18th birthday
Thus, the child support enforcement agency handles both types but through different processes
While retroactive support has filing deadlines, existing arrearages can be collected indefinitely with continuing interest.
What qualifies me to file for retroactive child support in Texas?
You qualify if no court-ordered support has ever existed for your child and you file within legal time limits.
Requirements:
Firstly, must establish paternity first
Secondly, courts consider whether the other parent knew of the child and avoided support
Thirdly, unmarried parents and divorced parents have equal rights to seek retroactive support
Thus, you qualify for retroactive child support if you're the custodial parent and there has never been a court-ordered child support obligation for your child. Unmarried parents have the same rights as divorced parents to seek retroactive support dating back to separation or the birth of the child under Texas Family Code Chapter 154.
To establish eligibility:
Firstly, no previous formal order for support can exist for this child
Also, you must file before the statute of limitations (4 years after child turns 18)
Likewise, the child's other parent must be legally established through paternity
Finally, the court will consider whether the parent knew about the child and avoided their child support obligation
Thus, legal advice can help determine if your situation qualifies for the maximum retroactive child support payments. Texas law makes no distinction based on marital status - both parents have a legal child support obligation from the birth of the child regardless of whether they were ever married.
Conclusion & Next Steps
Texas courts follow state guidelines to determine the appropriate amount of support, ensuring the calculation aligns with the law and takes into account factors such as income, custody arrangements, and the number of children involved.
In some situations, courts may give credit for voluntary payments made before a formal order was in place—but only if there is solid documentation. I always advise clients to keep every receipt, bank statement, or any other proof of payment. Without clear evidence, informal support generally won’t be considered. The court will determine the starting point for retroactive support based on the available evidence, setting the date from which support should be calculated.
There are also special circumstances that can affect the amount owed. For instance, if the paying parent earned significantly more during the retroactive period than they do now, the court may base the calculation on those higher past earnings. This issue is particularly relevant for self-employed parents, whose true income can be harder to assess. In such cases, forensic accounting may be needed, since tax returns alone often fail to show actual earnings.
If you're unsure where to begin, we’re here to help. At Warren & Migliaccio, our Texas family law attorneys can review your case, explain your legal options, and help you pursue the support your child may be owed. Call us at (888) 584-9614 or reach out online to take the first step toward securing your child’s financial future.
Additional Resources
Texas Attorney General Child Support Division
(800) 252-8014
https://www.texasattorneygeneral.gov/child-support
Texas Law Help - Free Legal Forms and Information
https://texaslawhelp.org/family
State Bar of Texas Lawyer Referral Service
(800) 252-9690
https://www.texasbar.com/lris
Texas Access to Justice Commission
Free and low-cost legal services directory
https://www.txcourts.gov/atjc
Local Family Law Self-Help Centers
Available in most Texas counties through district clerk offices
Check your county's district clerk website for locations and hours
