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When might there be an order for retroactive child support?

On Behalf of | Jul 30, 2021 | Child Support

Child support is an integral aspect of a family law case in Arizona. After a couple has decided to part ways and there are children from the relationship, serving the child’s best interests will be vital. While both parents will undoubtedly want the child to be properly cared for, have a stable home, have sufficient food, receive medical care and have a proper education, there might be disagreements over various factors related to child support. Some cases involve retroactive child support. Parents dealing with this should be aware of the law.

Understanding situations when there could be retroactive child support

In cases where there was no child support order but the court determines that it should be paid, it will order the payments retroactively. The child support guidelines will be used to decide to how much it will be. It starts from the date the marital dissolution was filed, when the couple became legally separated or when the case deciding on maintenance or child support began. In many instances, the supporting parent has already made some payments even if there was no agreement.

There can also be retroactive support if the couple lived apart before the legal action was taken. However, it cannot go beyond three years prior to the date in which the legal filing was made. The court will assess the case on its individual merits. In these situations, the court will again use the child support guidelines and consider if there had been voluntary support during that time. Retroactive child support orders are enforceable by law, so it must be paid.

With retroactive child support, it is important to have assistance

In many circumstances, a couple does not immediately decide to get a divorce. They will separate and think about their options before moving forward. One parent might move out of the family home as they weigh the future. Once the divorce is underway, it is possible to ask for retroactive child support. This can be imperative for a child’s basic needs. From the perspective of the paying parent and the receiving parent, having professional help can be crucial.