Paternity Hearings - FAQ's

If the court finds that the alleged father is the biological father, what orders can the court make regarding child support?

Assuming that the man has been proven to be the child’s father by genetic testing or has been found by the court to be the biological father, the Texas Family Code provides that the judge can order child support retroactively for four years.  The law presumes that this is reasonable.  Retroactive child support may not be as much as the guidelines prescribe and the court has wide discretion in determining the amount.  However, in most cases, it should be expected that the retroactive support would be the same amount as the guidelines require.  This may be overcome by evidence that the obligor was making less money during the previous four years than currently.

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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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