Retroactive Support Ordered Without Notice
My question involves child support in the State of: Texas
My husband just recently found out he owes back child support on his son only when he received a letter from the Treasury department saying that's where his tax return went. Long story short, his son is now 7 years old and my husband never knew he existed until he was 3 going on 4 because that's when the bio mom decided to file for child support. He went to court and was placed on child support where it was garnished from his wages. So far so good. Apparently, following the court ordered child support, the bio mom went back and filed for the back child support for the previous 4 years of the child's life. My husband never received any paperwork and as of June 2012 was taken off of child support when we gained custody of his son.
My questions is: Since he never received any documentation saying he owed back child support and still hasn't 3 years later, is there any motion or action we can take to contest this?
Re: Retroactive Support Ordered Without Notice
Your husband needs to check the court records to find out what actually happened.
If the court ordered support that was not retroactive after the initial paternity determination and support hearing, the odds are very small that the retroactive award was made at a subsequent hearing. You have not described any facts that would create an exception to the bar against retroactive support following the initial support award, and judges are very much aware of the limitation:
Quote:
Quoting Texas Family Code, 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.
Your husband should investigate the court file to determine what happened. Odds are he will find that any retroactive support was included in the initial order, even if for some reason no amount was added to the garnishment order to "catch up" on the retroactive amount.