Back-Time CS?


#1

Parents have an obligation for child support from the beginnig of the separation. If a judge decides that the support paid from the separation until entry of an order was not sufficient to meet the child’s needs, then yes, a judge can order back child support, or legally referred to as “retroactive child support.”

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your answer.

Will the NCP be required to pay the retro-active CS in a lump sum or can it be paid in payments? Thanks.


#3

Depends on what the judge decides.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

In NC, can a parent who has NOT paid anything toward the support of their child, be ordered to pay back-time to when the separation took place? The time is about 18 months. Their divorce is final. However, a child support order has been filed and is charging the NCP all these months back time. There was never a CS order until now. The parent is awaiting the court date for this.

If this is ordered by the Judge, will the parent be made pay ALL the back-time at once?

Thank you.