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The Daily Insight

How far back can child support be claimed in Texas?

Author

John Thompson

Published Apr 04, 2026

ten years
Under Texas law, the statute of limitations for seeking back child support when a court order is already in place is ten years from the child’s 18th birthday. If a claim isn’t filed by the deadline, then any recovery for back child support in Texas may be denied.

Does back child support ever go away in Texas?

Arrears remain in place until paid. Not even your child turning 18 or filing bankruptcy will get rid of your unpaid child support balance. The only way to avoid arrears is to pay 100 percent of your child support every month.

Can you sue for back child support in Texas?

In short yes, Texas Courts may order retroactive child support under Texas Family Code Section 154.009 if: has not previously been ordered to pay support for the child; and. was not a party to a suit in which support was ordered.

Who gets back child support in Texas?

Retroactive child support means that the other parent has to pay the child support they did not pay in the time period before the child support order was issued. Texas Family Law courts may only order retroactive child support if the parent: Has not previously been ordered to pay support for the child; and.

Can back child support be dropped in Texas?

Is it possible to have child support arrearages dismissed in Texas? It will be up to your Co-parent to forgive the amount of child support that you owe and have the arrearage dismissed from court. the arrearage can be dismissed either in full or in part.

Does Texas do retroactive child support?

Yes, courts can order back child support in Texas. Pursuant to Texas Family Code Section 154.009, a court may order a parent to pay retroactive child support in Texas if the parent: Has not previously been ordered to pay support for the child; and. Was not a party to a lawsuit in which support was ordered.

What happens if child support is not paid in Texas?

Jail is an option for failure to pay child support A Texas court can order a parent jailed for up to six months for contempt of court due to unpaid child support. The court can also issue fines of up to $500 for each nonpayment and force the delinquent party to pay the other parent’s attorney fees and court costs.