What Are the Restrictions on Collecting Retroactive Child Support?
A court is not required to grant retroactive child support at all. In deciding whether to grant such an award, the court will look at several factors, including: • The past behavior of both parents • The effect of an award on the parent who has to pay • Whether the other parent was avoiding paying support • Why it took so long to file a claim for child support The court may also limit the amount of the retroactive child support award based on the particular circumstances of your case. Does Prior Support Paid Reduce the Amount of Retroactive Child Support? Once the court decides how far back to make the award, money paid during that time may be subtracted from the final award, however not all states require this. In Illinois, it is subtracted, whereas in Ohio, anything paid without a court order is considered a gift. Will an Award of Retroactive Child Support Reduce Future Child Support? Retroactive child support is always granted in addition to regular child support, it cannot be used
