One of the most contentious issues in family court is the issue of Child Support arrears . This question of whether or not one parent should pay back child support to another parent is Litigated everyday in Houston family courts. First let's deal with the difference between retroactive child support and child support arrears. they are both types of back child support but with big differences. Retroactive child support is when is there no court ordered obligation for the non-custodial parent to pay the custodial parent, and then the court grants a judgment against the noncustodial parent for all the unpaid support he should have been paying. The court can usually go back in time in such cases up to 4 years or the date of separation, whichever is more recent. But child support arrears are when there is a current child support order for the non-custodial parent to pay and he falls behind. In some cases, obligors fall behind tens of thousands of dollars. Retroactive child support in many cases are negotiable. Often times Parents will agree to start fresh with a brand new border where the noncustodial parent does not begin in the hole, but simply starts paying his regular monthly obligation. With child support arrears however, usually the Custodial parent simply wants the outstanding balance collected so they can get what is owed to them. Enforcement lawsuits to collect back child support arrears are litigated across Harris county. With both of these forms of back child support, a lot of times there is dispute over whether or not a non-custodial parent did in fact provide support for the child. As you can imagine, there is often disagreement over payments where a custodial parent says the absent parent never supported the child but the noncustodial parent says he did but doesn’t have the receipts to prove his support. Many times it comes down to a question of fact for a judge to decide. A good attorney may be able to uncover the truth and help persuade the court in one direction. One more thing about retroactive child support and child support arrears. Under Texas law, there is a statutory requirement that Confirmed back child support judgments accrue interest to encourage the obligor to pay off the balance faster. Currently The statutory minimum interest on child support in TX is 6%. It could be worst, just a few years ago it was 12%. Number one tip for both custodial parents and non-custodial parents, save good records of all money that trades hands, so the court can have an easier time to confirm what exactly is owed from the non-custodial parent to the custodial parent
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30 сен 2024
