Can I Collect Retroactive Child Support in California?Most states permit collecting child support back to the date when the parent first applied for child support, not just from the date your application is approved. California permits collection of child support for as much as 3 years before the application was filed. What are the Restrictions on Collecting Retroactive Child Support in California?California considers many factors before awarding retroactive child support. These include:
- why the parent did not file sooner
- the other parent¿s ability to pay
- any efforts by either parent to deceive the other about the parentage of the child
- whether the award would interfere with the support of another child
In addition, this rule applies only to children born since January 1, 1989. Children born before then are not eligible. How Far Back in Time Can the Court Award Retroactive Child Support?
If the California Court finds that the child support order should go back in time, the amount of time it can go back is limited to the shortest one of the following:
- The date the mother mailed a birth certificate or notice of paternity to the father
- The date either parent separated from the other parent
- Three years before the date the parent first applied for child support
Finally, if you and the other parent separated before the child was born and no notice was given to the father, or paternity has not been legally established, no retroactive child support can be granted even if you were married. Do I Need a Lawyer to Collect Retroactive Child Support?If you are seeking to establish retroactive child support, it may be wise to speak with an experienced family lawyer. Consulting with a family lawyer can help you understand your options and help you deal with the complicated legal system.
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