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Obtaining back child support

On Behalf of | Apr 13, 2017 | Child Support |

California parents who have been raising a child without the support of the child’s other parent may be able to request back child support. People may be considered to owe support even if they had not previously been ordered to do so.

To be able to successfully request back child support, those who are requesting it will need to provide a list of expenses as well as proof that the other parent has not been providing support. It is also required that they be able to demonstrate that they did attempt to collect this support and that the parents they are attempting to collect support from were aware of their parental obligations.

Although parents may be required to start paying child support going forward, they may not be obligated to pay back child support. If they can prove that they were providing support, either financially or by providing child care, they may not be required to pay back support. Additionally, if they can prove they are not financially able to pay back support, they may not be required to do so.

The amount of child support payments that will be required of a parent is usually determined during a divorce. Child support can be arranged via an agreement made by two parents during a collaborative divorce, and it can also be ordered by a judge. However, child support can also be ordered by a judge if a couple were never married and they separated or never lived together. A lawyer could explain how judges determine the amount of child support that parents may be required to pay.