Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Section 154.131. Retroactive Child Support

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 154.131. Retroactive Child Support

§ 154.131. RETROACTIVE CHILD SUPPORT.  (a) The child 
support guidelines are intended to guide the court in determining 
the amount of retroactive child support, if any, to be ordered.
	(b)  In ordering retroactive child support, the court shall 
consider the net resources of the obligor during the relevant time 
period and whether:
		(1)  the mother of the child had made any previous 
attempts to notify the obligor of his paternity or probable 
paternity;
		(2)  the obligor had knowledge of his paternity or 
probable paternity;      
		(3)  the order of retroactive child support will impose 
an undue financial hardship on the obligor or the obligor's family;  
and
		(4)  the obligor has provided actual support or other 
necessaries before the filing of the action.
	(c)  It is presumed that a court order limiting the amount of 
retroactive child support to an amount that does not exceed the 
total amount of support that would have been due for the four years 
preceding the date the petition seeking support was filed is 
reasonable and in the best interest of the child.
	(d)  The presumption created under this section may be 
rebutted by evidence that the obligor:
		(1)  knew or should have known that the obligor was the 
father of the child for whom support is sought;  and
		(2)  sought to avoid the establishment of a support 
obligation to the child.
	(e)  An order under this section limiting the amount of 
retroactive support does not constitute a variance from the 
guidelines requiring the court to make specific findings under 
Section 154.130.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 392, § 1, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 821, § 2.14, eff. June 14, 2001;  
Acts 2001, 77th Leg., ch. 1023, § 9, eff;  Sept. 1, 2001.

Last modified: August 10, 2007