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Obtaining Retroactive Child Support

Retroactive child support is child support money paid to the custodial parent to compensate that parent for a time period where there was no support arrangement. There is not necessarily always a time limit for retroactive support — it could go all the way back to the birth of the child.

It is important to note that retroactive support will not automatically be granted to a parent seeking child support payments. The custodial parent must explicitly ask for retroactive support to be added to the arrangement.

There are a few general situations in which courts will grant retroactive support:

  • Non-custodial parents had at some point intentionally avoided child support payments or concealed how much money they were making
  • The final hearings for child support were delayed, meaning the custodial parent missed out on payments
  • There is a clear, demonstrated need for retroactive support for the custodial parent

When retroactive support is awarded, calculating the amount of that support typically involves determining the amount of money the non-custodial parent was making during the time period in question. The court also considers whether the non-custodial parent actually new that he or she was required to pay child support during that period, or if he or she paid any other money to the custodial parent.

Although courts are reluctant to issue retroactive child support, it sometimes doesn’t hurt to issue a request. Contact the respected Maryland child support attorneys with Mudd, Mudd & Fitzgerald, P.A. to learn how you can submit a request for retroactive support that has a greater chance at success.

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