Retroactive Child Support Before Paternity Established

When paternity has not been legally established, a child may go months or even years without receiving financial support from the biological father. Texas law addresses this gap through retroactive child support, which allows courts to order the obligor to pay support for periods before the current court order was entered. In paternity cases, retroactive support can reach back to the date of the child's birth.

Under Section 154.009 of the Texas Family Code, the court may order retroactive child support if the obligor has not been previously ordered to pay support for the child. In determining whether to order retroactive support and the amount, the court considers several factors: whether the mother had made any previous attempts to obtain support, whether the obligor knew or should have known they were the parent, whether the obligor provided any informal support during the retroactive period, and the financial resources available to pay retroactive support.

The presumptive retroactive period is four years from the date the petition seeking support was filed. This means that if a child is six years old when the support case is initiated, the court may order retroactive support going back four years — to when the child was two. However, the court has discretion to deviate from this period based on the equities of the situation and the factors listed in the statute.

Retroactive child support is typically calculated using the same guideline percentages that apply to prospective support. The court applies the obligor's income during the retroactive period and the applicable percentage based on the number of children. If income records from the retroactive period are unavailable, the court may use current income as a basis for the calculation.

Retroactive support is usually ordered to be paid in a lump sum or in periodic payments in addition to the regular ongoing child support obligation. Courts have discretion in structuring the payment terms to balance the child's need for retroactive support with the obligor's ability to pay. Interest may also accrue on retroactive support amounts, further increasing the total obligation. For these reasons, paternity and support issues should be addressed as early as possible.