In a typical child support determination, the noncustodial parent has to start paying the money as soon as the ruling is made. However, there are cases where the child support payments may be backdated to an earlier date. This is known as retroactive child support, and here are some of the cases that can trigger it:
The Noncustodial Parent Concealed Their Finances
There are many factors that determine child support payments, and one of them is the financial status of the paying parent. Therefore, if the noncustodial parent lies about their financial strength, the court will end up basing their child support calculations on erroneous data. This means you have the right to seek retroactive child support if you realize that the noncustodial parent hid some assets from you during the child support determination.
Consider an example in which the noncustodial parent has a day job but also offers consultation services on the side. If this parent only declares their earnings from their day job, it may be possible for you to get retroactive child support when you unearth earnings from the noncustodial parent's side business.
The Noncustodial Parent Could Not Be Reached
It is also possible to get retroactive child support if the other parent wasn't previously reachable or identifiable. Take an example where you do not know the father of your child for the first few months of your child's life. In such a case, if you finally identify your child's father and file for child support, it may be possible to get the payments backdated to begin from the child's birthday. Another example is if the noncustodial parent is missing and cannot be found so that they can be ordered to pay child support. If that parent is finally found, they may be ordered to pay retroactive child support.
The Noncustodial Parent Intentionally Delayed the Hearing
Lastly, it may also be possible for you to get retroactive child support if you can prove that the other parent deliberately delayed the child support hearings. There are different ways in which one may delay child support, for example, feign illnesses on hearing dates, delay production of required documents, or even travel when they are supposed to meet their lawyers (forcing the lawyers to call for postponing). If the noncustodial parent is engaged in such tactics, then the pattern will soon be clear to you, and you may be able to request for retroactive payments once the hearing finally happens.
Consult a local child support lawyer, such as Marlene Dancer Adams, if you are convinced that the noncustodial parent should pay backdated child support. The lawyer will analyze your situation and advise you if retroactive child support is possible in your case.