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A common question I hear from parents is whether they can request child support from the other party to cover the period during which they were separated before officially filing for either dissolution of marriage or parentage. The straightforward answer is no. While there are some exceptions, most of the time, back support is not awarded. This means that if you are covering all your children's expenses, it is crucial to file your case as soon as possible.
Filing To Establish a Date for Support
If you have ever gone through the process of filing for divorce or establishing a parenting plan, you know that support is not automatically granted after filing. You must either seek a temporary order requesting support or reach an agreement with the other party. However, once you have completed your initial filing, you have a specific date from which you can request back support. This means that back support can be requested retroactively to the date of filing, but not before it. Therefore, it is crucial to file your case as soon as possible.
Retroactive Child Support and Child Support Arrears Are Not the Same Thing
Retroactive child support can be ordered even if the court has not previously established a child support order. Child support arrears arise when there is an active child support order, but the parent responsible for making the payments either refuses to pay or lacks the funds to do so. If you are owed money for child support under an existing order, you can enforce that order and collect any arrears you are owed.
What Are the Exceptions to the Rule?
In paternity cases where the father has not yet been established, you can seek retroactive support. Once the biological father is identified, a court can order him to pay retroactive support for up to five years, which may include expenses related to the birth. However, the court will consider any voluntary payments made by the biological father, so it's important to keep a record of your contributions if you find yourself in this situation. Additionally, if you, as a parent, receive public assistance, the state can pursue back support on your behalf.
Resolving child support disputes can become complicated and require timely action. Reach out to a family law attorney at Beresford Booth to more clearly understand your rights.
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