What Is Retroactive Child Support?
Short Answer
Retroactive child support is financial support that covers periods before a court issues a child support order. It ensures that a child receives financial assistance for the time prior to the formal establishment of support responsibilities, potentially dating back to the child’s birth. The application and duration of retroactive support vary by state, with some allowing it from the child’s birth and others from the filing date. To navigate these laws, consulting a local child support attorney is advisable.
Retroactive child support includes payments for periods before the court enters the child support order. Retroactive support can include payments from as early as the date of the child’s birth, including prenatal medical expenses. However, some states don’t provide for retroactive child support.
Child support laws vary by state. For legal advice about getting retroactive child support where you live, contact a local child support lawyer.
Understanding Retroactive Child Support
Child support generally starts when the custodial parent gets a child support order. However, some custodial parents don’t get a child support order established when they get physical custody. The custodial parent can get retroactive child support for the costs of raising the child before getting the child support court order.
There are a couple of situations where states allow child support to go back prior to the date of the child support order. In paternity cases, the court may require the noncustodial parent to help pay the costs of caring for the child before establishing legal paternity. In other states, retroactive support only goes back to the date of filing the motion for support.
The family courts have backlogs and delays. Court hearings are rescheduled or put off for scheduling reasons, closures, or holidays. Retroactive child support is a way to ensure the child receives financial support for periods after the parent files for child support payments.
When Retroactive Child Support Applies
Retroactive child support applies to periods before the court order but typically after the filing of a motion for support. To get retroactive support, the parent generally has to file a petition for retroactive financial support. The court can apply an amount of child support before the date of the order when it is in the child’s best interests.
Changing Child Support Orders
If there is a change in your financial situation, you can modify existing child support orders. However, child support modifications are generally not retroactive, but there can be exceptions depending on state law. You need a court-ordered child support modification to change your child support obligations. For example, if you lose your job and can’t pay child support, you still have the same monthly payments. Your child support obligations only change once the court modifies your child support order.
Unpaid Child Support Claims
Retroactive is not the same as child support arrears. Arrears are for back child support the parent owes but has not paid. When a parent doesn’t pay their fair share to raise the child, they are still liable for past-due child support. Child support arrears gather penalties and interest until the parent pays off any back child support.
If the child’s parent isn’t paying support, you can contact your child support services for enforcement actions. Child support agencies can garnish wages, intercept income tax refunds, or levy the parent’s bank account.
Calculating Retroactive Support
The court can consider several factors to determine retroactive child support, including:
- The amount of child support
- Circumstances of the child’s birth
- Noncustodial parent’s knowledge of their child support obligation
- Noncustodial parent’s ability to pay
- Custodial parent’s attempts to get financial support from the other parent
- Parent’s reasons for not filing for support earlier
- Custodial parent’s financial situation
Courts establish child support amounts based on state child support guidelines. Child support calculations take into account multiple factors. Factors include the parent’s income, child custody arrangement, healthcare needs, and childcare. The court can also modify child support if there are changes in the child’s financial needs (like increased health insurance costs).
State Retroactive Child Support
States limit how far back you can get reimbursements for retroactive support. In some states, the parent can only get retroactive support back to the date of filing for child support, depending on specific state laws. In other states, retroactive support can go back to the child’s date of birth. A few states don’t allow any retroactive child support.
State laws for child support differ about retroactive support. The following is a chart of how different states handle retroactive child support.
| State | How Far Back Can You Get Retroactive Support? |
| Alabama | 2 years before the court action begins |
| Alaska | From the month the application was received |
| Arizona | Not more than 3 years before the filing |
| Arkansas | Up to 3 years before filing |
| California | Generally limited to the date of filing the petition or initial pleading |
| Colorado | Back to the date of the child’s birth but not more than 5 years |
| Connecticut | To the child’s birth date but not more than 3 years |
| Delaware | Presumed at 6 months prior to filing but not to exceed 24 months prior to filing |
| Florida | Up to 24 months before filing |
| Georgia | No retroactive child support |
| Hawaii | Back to the birth of the child |
| Idaho | No retroactive child support |
| Illinois | Back to the date of birth or date of separation |
| Indiana | Back to the birth of the child |
| Iowa | Up to 3 years before filing |
| Kansas | Yes, depending on the circumstances of the case |
| Kentucky | Back to the date of birth of the child if paternity action is initiated before the child turns 2 years old |
| Louisiana | Back to the date of filing |
| Maine | Up to 6 years before the date of service |
| Maryland | Back to the date of filing |
| Massachusetts | As far back as the prenatal period |
| Michigan | Back to the date of filing |
| Minnesota | Up to 2 years before service |
| Mississippi | Up to 1 year from the date of filing |
| Missouri | Up to 5 years before commencement of the action |
| Montana | From the date of birth |
| Nebraska | Back to the date of birth |
| Nevada | Up to 4 years from the date of filing |
| New Hampshire | Back to the date of birth if the child is less than 3 months old, otherwise to the date of service |
| New Jersey | No retroactive child support |
| New Mexico | Back to the child’s birth but not more than 3 years |
| New York | Back to the date of filing |
| North Carolina | Up to 3 years before filing |
| North Dakota | From the date of service |
| Ohio | In paternity cases, support may be awarded retroactively to the date of the child’s birth |
| Oklahoma | Up to 2 years |
| Oregon | From the time the proposed order is pending |
| Pennsylvania | Back to the date of filing |
| Rhode Island | In paternity cases, up to 6 years before filing the complaint |
| South Carolina | No retroactive child support |
| South Dakota | Up to 3 years from the date of application |
| Tennessee | Up to 5 years from the date of filing |
| Texas | Presumed not to exceed the total amount of four years support |
| Utah | Up to 4 years before notice of agency action |
| Vermont | No retroactive support |
| Virginia | Only for receipt of public assistance |
| Washington | From date of filing |
| Washington, D.C. | Up to 24 months before filing |
| West Virginia | Up to 3 years |
| Wisconsin | Back to the birth of the child |
| Wyoming | If the child is less than 1-year-old, to the date of birth |
Legal Rights and Responsibilities
As a legal parent, you have financial responsibilities to provide for your child’s needs. Even if you did not know about the child, the court can still find you are responsible for retroactive child support. For custodial parents, retroactive child support varies by state. To understand your rights and responsibilities for retroactive child support, talk to a local child support attorney.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.
