Getting retroactive child support

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

When newly-divorced North Carolina parents are seeking a child support order, they might want to request retroactive support as well. However, they may need a number of documents in order to do so. They may have to provide a list of expenses as well as proof that they have not received support. Furthermore, they might have to show attempts to collect the support. Finally, if the party who will be asked to pay support is the father, it may be necessary for the custodial parent to prove he was aware of the child.

Noncustodial parents can respond to the claim. If they have receipts demonstrating that they paid support, they should show them. However, if they have not paid support but have helped in other ways, such as with the purchase of necessities, they should try to provide proof of this. If there are no receipts, the parent may be able to show communication that proves support.

Even if the court determines that the parent owes back support, it is not automatic that it will be paid. The court may look at other factors including the parent’s ability to pay.

If a parent is not paying support, the custodial parent is not permitted to withhold that parent’s access to the child. However, there are a number of other ways that the parent may be pressured to pay support as long as the two have a legally binding child support agreement. Penalties for not paying support may include driver’s license suspension, tax refund interception and property liens. The parent’s wages might be garnished. If people are struggling with child support payments because of a change in their material circumstances, they should ask an attorney if seeking a modification of the order would be appropriate.

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