Can I ask for child support for periods in the past?
Sometimes a judge will order what is called “retroactive child support”. This occurs when a judge orders that a parent must pay support now to make up for not paying the proper amount of child support in the past. These situations do not occur very often, and judges will not usually go back more than three years from the date that child support was requested.
Last reviewed: October 2015
What will a judge consider when thinking about a retroactive child support order?
A judge will consider these factors:
- Does the parent making the request have a reasonable excuse for why they didn’t ask for child support earlier?
- Has the payor been involved in blameworthy conduct in relation to child support?
- What were the children’s circumstances during the time that the support was not paid?
- Would an order of retroactive child support cause financial hardship for the payor?
Last reviewed: October 2015
What is blameworthy conduct?
Blameworthy conduct means that the parent who was supposed to pay child support put their own interests ahead of the child’s interest to receive appropriate child support. This could mean that the parent neglected to provide updated income information, refused to provide current financial information, lied about their financial situation or hid or diverted money.
Last reviewed: October 2015
