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Frequently asked questions concerning laws on late child supportchild and written child support agreement between parents, Shelly B. West, dallas attorney.

Laws on Late Child Support

Question: How do I collect back child support owed?

Answer:You probably need to file a Motion to Determine Arrearage. In the context of this lawsuit, you may contact the other parent to work out a payment plan. If you have been on public assistance, then the state will seek reimbursement from the parent who failed to pay child support. The court will approve any agreement the two of you make, as long as the state is not owed money for public assistance. Child support is considered a unique obligation and its collection is subject to a longer statute of limitations. Specifically, the court retains jurisdiction to confirm child support arrearages for ten years after the child becomes an adult, or the date the child support obligation terminates. Texas Family Code §157.005 (b).

Then, after a court has determined any arrearage and reduced that finding to a judgment, the court has continuing jurisdiction to enforce its order, "until all current support and medical support and child support arrearages, including interest and any applicable fees and costs, have been paid". Texas Family Code §157.269. And that is NOT limited to a particular time frame.

You should file a Motion to Determine Arrearage to request that you be awarded a judgment for the full amount of past child support owed, plus interest, and request that the parent paying child support address the arrearage in a larger amount payable per month. It is often the case that the child has graduated from high school, child support is owed, and the parent owing the child support now makes more money. Consequently, the paying parent should be able to afford higher monthly payments.




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