Can You Be Required to Pay Child Support Arrears if That's Not in a Divorce Complaint

[tysonbodavis]

My question involves a marriage in the state of:Texas
does requesting arrears of child support in a divorce have to be stated in divorce petition when a wavier has been signed?

[Antigone]

My question involves a marriage in the state of:Texas
does requesting arrears of child support in a divorce have to be stated in divorce petition when a wavier has been signed?

Is there a prior support order in place? Where did the arrears come from?

[tysonbodavis]

Is there a prior support order in place? Where did the arrears come from?

I have been separated from spouse since 07/2012 and would like to ask for child support from time of separation. So I guess it's not actually arrears yet. I filed the petition and he signed the waiver of service but I was told that if I did not address child support from time of desperation on petition that I would have to file an amended petition and have to redo the waiver as well in order to request back from time of separation. I have to appear in court to file the final decree in a few weeks and was just trying get everything straight.

[Mr. Knowitall]

Normally when you file a divorce with kids you seek a temporary support order pending completion of the proceedings and, at the end, support is retroactively modified to the effective date of the support order (if necessary) based upon the outcome of the case. If that is what happened in your case, and now you want to change the start date of support from what is described on the temporary order, it is likely necessary to take additional steps.

If "I was told..." means your lawyer has told you that this is what you need to do under the facts of your case, we have no reason to second-guess your lawyer. We have no access to the court records, and we don't know the procedural history of the case.