Retroactive child support refers to court-ordered payments that cover a child’s financial needs before a parent filed a legal request for support. In other words, it’s child support that covers past expenses. In Arizona, courts can order retroactive child support for a period starting from the date parents separated. However, this period cannot exceed three years before the date someone filed for child support.
Take note that retroactive support differs from regular, ongoing child support or arrears. Arrears are overdue payments on an existing child support order, while retroactive support covers a period before any order existed.
When might courts order retroactive support?
Courts may order retroactive child support in several situations:
- When a man establishes paternity only after the child’s birth, which can happen through DNA testing or legal acknowledgment
- If parents lived apart before filing for divorce, legal separation, maintenance or child support
- When issuing temporary orders to address immediate needs, including support to cover the period between the separation and the filing of the divorce petition
Every family’s situation is different. The court’s decision on whether to order retroactive child support depends on the specifics of your case.
What factors do courts consider?
When deciding on the amount and duration of retroactive child support, Arizona courts examine several key factors, including:
- How much money both parents made during the retroactive period
- Where the child lived and what expenses the custodial parent covered
- Any support the non-custodial parent already provided, even if it wasn’t through a formal agreement
- Reasons why the custodial parent didn’t seek support earlier
- What is best for the child
If you believe you should receive retroactive child support, you need to file a petition with the court. This process involves providing documentation about your financial situation and the other parent’s finances during the retroactive period. You may also need to show details like income, expenses and any support already provided.
Understand your options
If you think retroactive child support might apply to your situation, don’t hesitate to seek professional legal advice. An attorney can help you make informed decisions about your case.