Child support


#1

Can a custodial parent ask for retroactive child support? If so, what are the stipulations and guidelines to do this?


#2

Yes, retroactive support can be granted. You have to make a claim for it in the complaint for child support. The Child Support Guidelines address retroactive support. Historically, the party seeking support had to show the actual expenditures, but the new guidelines allow for the court to calculate a figure for retroactive support similar to how they calculate ongoing support with income figures and expense figures for child care, insurance expenses and extraordinary expenses.

There is a controversy between the current guidelines and case law as to whether you still have to show actual expenditures. I’ve heard of judges using the guidelines, but I would be prepared for both.