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How long does a child support judgment last in Texas?

How long does a child support judgment last in Texas?

Full question:

I have a situation that I owed my ex-wife child support. It has been paid by my calculations. The courts have reduced my child support to a judgement. How long does it stand? Do you have to refile a judgement every 7 years or how does it work? This is held by the OAG's office. Can they do anything without my ex-wife in on the conversation or meeting. I know that they are representing her. Does she have to be there?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Texas

Answer:

In Texas, if you owe any back child support (arrears), the court can enforce the judgment until the arrears are fully paid. There is no statute of limitations for enforcing a child support order. Not paying child support can lead to criminal charges, which the state can pursue without your ex-wife's involvement.

According to Texas law, a money judgment for child support can be enforced through various means (Tex. Fam. Code § 157.264). The court maintains the authority to require you to make regular payments on the judgment, which may include income withholding if applicable.

The court retains jurisdiction to enforce the child support order until all current support, medical support, and any arrears, including interest and fees, are paid (Tex. Fam. Code § 157.269).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the negatives of child support?

Child support can create financial strain for the paying parent, especially if their income fluctuates. It may also lead to conflicts between parents, particularly if the amount is disputed. Additionally, failure to pay can result in legal penalties, including wage garnishment or even jail time. Some argue that the system can be biased against fathers, leading to feelings of unfair treatment. It's essential to communicate openly and seek legal advice if issues arise.

How often can you recalculate child support?

In Texas, child support can be recalculated upon a significant change in circumstances, such as a change in income, employment status, or the needs of the child. Parents can request a modification through the court, which will review the case to determine if a recalculation is warranted. It's advisable to document any changes and consult with a legal professional to ensure proper procedures are followed.

Why is the child support system unfair?

Critics argue that the child support system can be unfair due to perceived biases in favor of custodial parents, often mothers. Non-custodial parents, typically fathers, may feel burdened by high support payments, especially if their financial situation changes. Additionally, the lack of consideration for the non-custodial parent's living expenses can lead to financial hardship. Each case is unique, and it's important to seek legal guidance if you believe the system is not serving your interests.

Can a judge forgive arrears?

In Texas, a judge may forgive child support arrears under certain circumstances, such as if the non-custodial parent can demonstrate that they were unable to pay due to significant financial hardship. However, this is not common, and the custodial parent’s rights and the child's best interests will be considered. It's crucial to petition the court for any forgiveness of arrears and provide evidence to support your case.

What is a judgment for child support arrears?

A judgment for child support arrears is a court order that establishes the amount of unpaid child support owed by a non-custodial parent. This judgment allows the custodial parent to enforce payment through various means, such as wage garnishment or property liens. In Texas, such judgments can last indefinitely until the arrears are fully paid, as there is no statute of limitations for enforcing child support orders (Tex. Fam. Code § 157.264).

Why is child support unfair to fathers?

Many fathers feel that the child support system is unfair due to perceived biases that favor mothers, leading to higher payments and limited consideration of their financial circumstances. Additionally, fathers may struggle with the emotional impact of being separated from their children while facing financial obligations. It's essential for fathers to advocate for their rights and seek legal assistance to ensure a fair evaluation of their situation.