Both parents are expected to provide for their minor children. Court-ordered child support may be needed to ensure that a parent pays for their child’s care. Many people wonder whether they will be able to get retroactive child support. A knowledgeable family law attorney will answer your questions and provide guidance.
What is Child Support Arrears?
Child support arrears refer to past child support that is delinquent. When a parent fails to pay child support after a child support order, the support is still owed. This can also occur when support is paid in a lesser amount than the order. For example, if a parent pays less than the required amount, unpaid support accrues. This can happen, for instance, when a person is experiencing financial hardship and has not sought to modify the child support order.
Retroactive Child Support
Sometimes, a parent has not requested child support in a timely manner. For instance, a parent may have a child who is 8 years old but has not yet obtained a child support order. The parent may feel that the child is owed retroactive support to cover expenses from birth until now. This is called retroactive child support. The parent must petition the court for child support. However, the law does not generally allow someone to collect retroactive support.
How Much Retroactive Support May I Receive?
The court typically only recognizes child support owed from the date the other party is served the petition. The court process can take some time, sometimes months, to resolve child support and custody matters. If a request results in an order of child support, the parent will be required to pay retroactive support from the time of service. Then, the parent is required to continue to make payments going forward in accordance with the court order.
File for Child Support as Soon as Possible
Because a parent may not be required to pay retroactive child support, it is best to file a petition requesting child support as early as possible. This will provide you with the potential for child support payments from the start of the case. The longer you wait to request child support payments, the more money your child may lose out on receiving. Keep in mind that child support is for the benefit of your child and as a parent, you are responsible for requesting it on behalf of your child.
A parent may request a modification of child support in some cases where there is a substantial change of circumstances. A hearing may be held to determine whether the amount of child support order should be modified. However, a parent may not take it upon him or herself to change the amount of court-ordered child support on their own. If a parent is under a court order to pay child support but has not done so, you may request action. In some cases the court could hold the parent in contempt of a court order, which could result in court actions.
There may be some exceptions to the law, but typically, the court will only allow retroactive child support in limited cases. If you need to collect child support for your child, file a petition with the court for a hearing. Contact us today at (608) 784-8310 or online to request a consultation with our legal team.