Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment.
(b) Interest accrues on child support arrearages that have been confirmed and reduced to money judgment as provided in this subchapter at the rate of six percent simple interest per year from the date the order is rendered until the date the judgment is paid.
(c) Interest accrues on a money judgment for retroactive or lump-sum child support at the annual rate of six percent simple interest from the date the order is rendered until the judgment is paid.
(d) Subsection (a) applies to a child support payment that becomes due on or after January 1, 2002.
(e) Child support arrearages 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).
(f) Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002. A money judgment for child support rendered before that date is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 185 (H.B. 678), Sec. 1, eff. May 27, 2005.
Notes of Decisions
Cited in
41
cases (
2 in the last 5 years), 1997–2025 · leading case:
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
· cites it 8× “See Tex. Fam.Code Ann. § 157.265 (Vernon 1996).”
in the Interest of M.C.C., a Child, 187 S.W.3d 383 (Tex. 2006).
· cites it 6× “The trial court in this case retroactively applied Texas Family Code section 157.265 to delinquent child support, reducing the interest owed by the respondent-defendant.”
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
“See Tex. Fam. Code § 157.265(a) ("Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the…”
Bufkin v. Bufkin, 259 S.W.3d 343 (Tex. App. 2008).
“The Finance Code does not apply to prejudgment interest recoverable for delinquent taxes or unpaid child support which are governed by Chapter 33 of the Texas Tax Code, and Texas Family Code Section 157.265, respectively.”
Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App. 2009).
“was determined on September 22, 2005 by reviewing the above described decree, the official child support record of payments in this case, dated July 19, 2004, applying Texas Family Code § 157.265 and its predecessors for the purpose of determining statutory interest and…”
— Tex. Fam. Code § 157.265(a) — 11 cases
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
“See Tex. Fam. Code § 157.265(a) ("Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the…”
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
“See Tex. Fam.Code Ann. § 157.265 (Vernon 1996).”
— Tex. Fam. Code § 157.265(b) — 3 cases
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
“See Tex. Fam.Code Ann. § 157.265 (Vernon 1996).”
In Re Am, 101 S.W.3d 480 (Tex. App. 2003).
— Tex. Fam. Code § 157.265(c) — 5 cases
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
“See Tex. Fam.Code Ann. § 157.265 (Vernon 1996).”
— Tex. Fam. Code § 157.265(e) — 1 case
Castle v. Harris, 960 S.W.2d 140 (Tex. App. 1997).
“See Tex. Fam.Code Ann. § 157.265 (Vernon 1996).”
— Tex. Fam. Code § 157.265(f) — 1 case
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