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  1. #1

    Default When Can a Support Order be Modified to Include Retroactive Support

    My question involves child support in the State of:Texas

    In 2008 I was ordered to pay 4 years retroactive child support after a paternity test showed that I was the father of a 17 year old girl. I was never married to the mother and went separate ways when the child was 2. The child is now 22 and I have 5 more payment to make on the principal owed. The judge who issued the decree said that the order was final and cannot be changed however I have received two different answers from the Texas Attorney Generals office regarding whether the custodial parent can hire a lawyer and attempt to modify the court order and extend payments back to the date of birth of the child...one employee told me they can modify the order while another employee said the the order cannot be changed. So the question is: Can the custodial mother file and modify the 4 year retroactive order and extend payments back to the date of birth of the child who is now 22 years old?

    Thanks

  2. #2

    Default Re: Retroactive Child Support

    She can file, but no, the court isn't going to order retro support at this state of the game.

  3. #3

    Default Re: Retroactive Child Support

    Thank you.
    In the event that she does file for a modification do I need to appear in court in the state of Texas where the child support order was decreed? I live in Hawaii now am living on Social Security and after child support is taken out of my benefits barely survive. Can an attorney in Hawaii represent me in this Texas case?
    In addition to my principal balance of 5 remaining payments I also have interest to pay amounting to an additional 6 payments. Does this alter the "the state of the game" as you mentioned?
    Need advice on what is the best course of action...

    Thanks

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