Family Law Questions? Ask a Family Lawyer Online.
Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.
According to Texas Family Code (157.261), the State of Texas allows for interest to be charged on missed support payments. Interest accrues on the delinquent child support at the rate of 6% simple interest per year from the date support is delinquent. Payment considered delinquent if not received before the 31st day after payment due date.
Texas also allows interest to be charged on retroactive support. Interest accrues from the date the court order is rendered at the rate of 6% simple interest per year
If child support has been owed since 1976, it will still be at an interest rate of 6% if calculated today.
The legislature unequivocally intended that the 2003 amendment to §157.265 was prospective and not retroactive. HB 678 was unanimously passed by the House and the Senate without one dissenting vote in the current legislative session. 1The bill specifically provides:
(e) child support arrears in existence on January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date, accrue interest as follows:
(1) before January 1, 2002, the arrearages are subject to the interest rate that applied to the arrearages before that date; and
(2) on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described by Subdivision (1) is subject to Subsection (a), [ i.e., 6%].
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).