Texas Divorce Laws - Separation and Divorce Laws in Texas

The date of first separation of a husband and wife determines the date for the commencement of liability under Texas divorce laws for child support payments.

The court  may order a parent to pay retroactive child support if the parent has not previously been ordered to pay support for a child, and was not a party to a suit in which support was ordered. In ordering retroactive child support, courts apply the child support guidelines provided by Texas divorce laws in the absence of a contrary agreement. Unless a state child support agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between a husband and wife does not reduce or terminate retroactive support that the agency may request.

Texas divorce laws - separation &  modification

Courts are authorized by Texas divorce laws to order a parent who was subject to a previous child support order to pay retroactive child support if: (1) the previous child support order terminated as a result of the marriage or remarriage of the child's parents, (2) the child's parents separated after marriage or remarriage, and (3) a new child support order is sought after the date of the separation.

Special separation and divorce  laws in Texas

• Under Texas divorce laws, dating relationships are insufficient grounds for temporary child support orders.
• Texas law on divorce and bankruptcy does not permit discharge of past due child support payments in Chapter 7.
• Texas law on divorce and the IRS do not allow a tax deduction for payment of child support. Texas divorce laws require payments from after tax income.
• Based on the date of legal separation, Texas child support payments become payable. Legal separation in Texas may be determined by testimony of third parties. Texas divorce laws generally adopt the rules of civil procedure applicable in all civil cases.