Can child support be applied retroactively?
Per our verbal agreements, I have been paying for daycare since we separated but my ex wants me to pay for back child support as well. Can she do this?
First let me preface my answer by stating that although I am licensed in Texas, I do not actively practice in that state. Cordell & Cordell does have attorneys who are licensed in that state and would be happy to discuss your case with you.
Some states restrict a court’s ability to apply child support retroactively. Usually the court can only require a party to pay child support back to the date that the motion to establish child support was filed.
If Texas follows that model, then your ex should only be allowed to recover back to the date of any motion that had been filed. If you and her have an oral agreement, then you should put it in writing, so that you can protect yourself should trouble arise in the future.
You should consult an attorney in Texas.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.