If a motion asks for support arrearages, the court must confirm the amount and enter cumulative money judgments; it may not reduce or modify the arrearages, but it may allow a counterclaim or offset.
Sec. 157.263. CONFIRMATION OF ARREARAGES. (a) If a motion requests a money judgment for child support, medical support, or dental support arrearages, the court shall confirm the amount of arrearages and render cumulative money judgments as follows: (1) a cumulative money judgment for the amount of child support owed under Subsection (b); (2) a cumulative money judgment for the amount of medical support owed under Subsection (b-1); and (3) a cumulative money judgment for the amount of dental support owed under Subsection (b-2). (b) A cumulative money judgment for the amount of child support owed includes: (1) unpaid child support not previously confirmed; (2) the balance owed on previously confirmed child support arrearages or lump sum or retroactive child support judgments; (3) interest on the child support arrearages; and (4) a statement that it is a cumulative judgment for the amount of child support owed. (b-1) A cumulative money judgment for the amount of medical support owed includes: (1) unpaid medical support not previously confirmed; (2) the balance owed on previously confirmed medical support arrearages or lump sum or retroactive medical support judgments; (3) interest on the medical support arrearages; and (4) a statement that it is a cumulative judgment for the amount of medical support owed. (b-2) A cumulative money judgment for the amount of dental support owed includes: (1) unpaid dental support not previously confirmed; (2) the balance owed on previously confirmed dental support arrearages or lump sum or retroactive dental support judgments; (3) interest on the dental support arrearages; and (4) a statement that it is a cumulative judgment for the amount of dental support owed. (b-3) In rendering a money judgment under this title that includes child support, medical support, or dental support arrearages, the court may not reduce or modify the amount of arrearages but, in confirming the amount of arrearages, may allow a counterclaim or offset as provided by this title. (c) If the amount of arrearages confirmed by the court reflects a credit to the obligor for support arrearages collected from a federal tax refund under 42 U.S.C. Section 664, and, subsequently, the amount of that credit is reduced because the refund was adjusted because of an injured spouse claim by a jointly filing spouse, the tax return was amended, the return was audited by the Internal Revenue Service, or for another reason permitted by law, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 24, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 5, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 8, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 8, eff. September 1, 2023.