An Overview Of Retroactive Child Support
Posted on: 16 February 2023
Under normal circumstances, child support obligations start when the court signs the child support order. However, when a court issues a child support order, it might also ask you to pay child support for the expenses the child incurred before the support order. Legal professionals refer to such child support as retroactive child support.
Below is an overview of retroactive child support.
Reasons for Retroactive Child Support
A court can order child support if it feels a child did not receive the financial support they should have received. Below are some common reasons for retroactive child support.
Fraud
The court may order retroactive payments for a parent whose fraudulent acts led to erroneous child support calculations. Say a parent lied about their income and reported a lower income of $3,000 per month instead of $5,000, they would have to make up for this in child support.
If the court realizes the fraud, it may recalculate child support based on the true income. The court may then order the parent to make retroactive payments on the difference between the actual and previous amounts.
Intentional Delay
Some people use delay tactics during child support hearings to avoid paying child support. For example, they might delay with the required documents or miss court days without good reason. A court that detects a parent's intentional delay may order retroactive payments to cover the missed payments occasioned by the delay.
Tips to Avoid Retroactive Child Support
A noncustodial parent can take a few steps to avoid paying retroactive child support. Below are some of the steps.
Assume Financial Care of Your Child from Birth
Don't wait for a court order to start paying child support. Take care of your child's financial needs from day one. If possible, sit down and agree with the other parent on how much you should regularly pay for child support. The other parent will be less likely to file for retroactive child support if you agree and honor the agreement.
Keep Records of Child Support Payments
Keep records of all the financial commitments to your child. If possible, choose child support payment methods you can easily prove later. For example, use checks and bank transfers instead of cash payments. That way, you can easily prove your payments if the other parent claims otherwise.
Hopefully, your child will enjoy the financial care they need, and you won't have to deal with issues of retroactive child support. Contact a child support attorney for help if you need it or feel the other parent should pay retroactive child support. The lawyer will help you follow the right channels and avoid similar complications in the future.
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