Beermann Law Group, Ltd
Honesty. Integrity. Finality.

Is retroactive support always ordered in divorce cases?

Retroactive child support is when a parent files a request to obtain child support that should have been paid at a time when it wasn't. This is a huge benefit to children who perhaps have gone a long time without additional support from one parent or who need the additional support due to extraneous expenses.

The parent who would like to seek retroactive child support should do a few things to obtain it. This includes:

  • Presenting evidence that the noncustodial parent didn't pay support
  • Providing proof that the noncustodial parent is the legal guardian or parent of the child
  • Presenting evidence that an attempt to collect support was made but failed

By doing these things, it's possible to show that a child is entitled to retroactive child support.

What happens if there isn't money for retroactive support?

The parent being asked for retroactive child support can seek to pay through alternative means. For example, if they just purchased the child school clothing that cost $400, the court can consider this alternative form of support as child support in some cases. For parents who may be asked for retroactive support, keeping receipts can help prove that they are covering the costs of raising a child, even if the money isn't going directly to the other parent.

A child support order is an obligation, and parents shouldn't avoid paying. However, when retroactive support is an issue, there may be different factors that the judge will consider, like alternative support, so that both parents can get back on track and work together to raise the child.

No Comments

Leave a comment
Comment Information
Email Us For A Response

We Are Here To Help

Call or email us for a free 30-minute consultation at our Libertyville office.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Beermann Law Group, Ltd.
728 Florsheim Drive
Libertyville, IL 60048

Phone: 847-680-7070
Fax: 847-816-6122
Libertyville Law Office Map

Review Us