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Retroactive child support is sometimes possible

On Behalf of | Apr 14, 2017 | Family Law

Some parents in North Carolina may wonder if they can ask for back child support for their children when the other parents have not contributed financially to their care. It is possible to request that courts order back child support, but the parents will need to be prepared to provide proof to the court about why it should be ordered.

Some parents want to recover retroactive child support when they file their original petitions for support. This may also be ordered. In order to request retroactive child support, parents should supply proof that the other parents have not helped to financially support their children. They should also prove that they have made attempts to collect support from their children’s other parents. Finally, if the non-supporting parent is a child’s father, the mother should provide proof of his paternity.

Retroactive child support is not automatically granted by courts. Judges will take into consideration the other parent’s ability to pay the back amount before ordering the additional payment. Parents may counter requests for retroactive support by showing proof of expenses that they have paid. If parents are making payments, it is important that they save all of the receipts that document the payments.

In child support and custody cases, judges expect both parents to contribute financially to the upbringing of their children. The possibility of receiving retroactive child support orders may help some parents who have been shouldering the entire financial burdens themselves. People who want to file petitions for child custody and support might want to consult with family law attorneys. Lawyers may help their clients by drafting the petitions and gathering the evidence that will be needed to support the basis for their claims. The attorneys may then negotiate settlements for their clients or litigate the issues on their behalf in court.

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