Child support orders are documents that are signed by judges following child support hearings. These orders require one parent to reimburse the other for child care-related expenses.
The payments made for these expenses are known as child support payments. Child support payments are paid by the non-custodial parent, or the parent who no longer has custody.
Every state has its own formula to determine the amount of child support payments that are to be paid. The non-paying spouse’s income, in addition to other factors, will determine the amount to be paid.
Typically, in a child support order, the court orders the payments to be made on a prospective basis. This means that the obligation to pay only begins after the child support order is signed.
In certain cases, a court may order the payment of retroactive child support. Retroactive child support payments are also payments that the non-custodial parent is required to pay to the custodial spouse.
Retroactive child support payments are for child care-related expenses that were incurred prior to the child support order taking effect.
When Must Retroactive Child Support Be Paid?
The court will determine whether and when retroactive child support payments must be made. A court may order retroactive child support payments under several circumstances.
For example, if the custodial parent can document a financial need for the payments, a court may authorize retroactive child support payments and order the non-custodial parent to make the payments. There are also other circumstances under which a court may authorize retroactive child support payments, including the non-custodial parent attempting to evade child support payments.
For example, if a non-custodial parent, without having good reason, attempts to intentionally delay the child support hearing, the court may order retroactive payments to cover that period of evasion. Similarly, if the custodial parent can present evidence to the court that the non-custodial parent hid assets or cash to avoid paying their fair share of child support, the court may order retroactive support to be paid.
Some states do not have a limit on the time period for which retroactive child support payments may be sought. There are other states that do limit the time period.
For example, the time limit on retroactive child support is 3 years. This means that the custodial parent may seek retroactive support for the 3 year period that immediately precede the filing of a request for support.
The method for seeking this request is often called a petition. A petition is a document in which the custodial parent requests that the court hold a child support hearing.
Ohio Retroactive Child Support
In the State of Ohio, retroactive child support is only awarded in cases where the paternity of a child is at issue. In general, Ohio likes to resolve all family matters during the divorce proceedings.
If paternity is at issue during a divorce proceeding, then the biological father may be responsible for all retroactive child support payments in Ohio going back to when the child was born.
What Is the Time Period for Retroactive Child Support?
Under Ohio child support laws, there are 3 possible time frames for retroactive child support. If the parents are filing for divorce and are living together at the time, the father will be responsible for retroactive child support from the time between the filing and the hearing.
The father will also be responsible for future child support payments. If the parents were separated prior to filing for divorce, the father will be responsible beginning from the date of separation.
If paternity is at issue during a divorce and it is proven that the ex-husband is not the father of the child, the biological father may be responsible for retroactive child support. The biological father will be responsible for providing child support for the child from birth until the age of 23.
How Are Retroactive Child Support Payments Calculated?
When determining the amount of retroactive child support that is owed, a court will examine the income, including income that is made from investments the non-custodial parent earned during the period for which retroactive payments are sought.
If, during that period, the non-custodial spouse earned significantly more or significantly less than the custodial spouse, the court may take this into account and either raise or lower the amount that is owed.
Courts will also consider unofficial child support payments that the non-custodial spouse may have made during the period for which retroactive payments are being sought. An unofficial payment is a payment that is not made under an order of a court.
In some cases, the parents may have reached a voluntary agreement amongst themselves regarding what the non-custodial parent was to pay during the period of retroactivity. Payments that were made during that period may be taken into account by a court to offset the amount of retroactive child support that the court orders to be paid.
Paternity Assumptions
In the State of Ohio, if a child was born during a marriage, the husband is pursued to be the biological father. If the husband does not challenge paternity before the dissolution of a marriage or during the divorce proceedings, then the husband will lose his right to contest the paternity of the child.
The husband may also subject themselves to court-ordered child support, including retroactive payments.
How Can I Obtain Retroactive Child Support?
As with child support, non-custodial parents and custodial parents may voluntarily agree, or contract with one another, to a retroactive child support payment schedule. If the non-custodial parent does not adhere to the agreement, the custodial parent may request a hearing to have the terms of the agreement enforced by a court.
In situations where the parties are not able to come to an agreement, the custodial spouse can request a retroactive child support hearing. A retroactive child support claim must be supported by evidence.
Such evidence may include, for example, documents that show that the noncustodial parent hid assets.
Modification of Child Support
Even after a child support order is in place, one of the parents may request a modification if that modification will result in at least a 10 percent change. The amount of child support payments may change if the circumstances of raising the child or children change or if one of the parents has a change in income.
Either of the parents may request a child support modification.
What Are the Consequences of Failing to Pay Retroactive Child Support?
The failure to pay retroactive child support may carry legal consequences. A court may hold the non-custodial parent who fails to comply with a payment order in contempt of court.
Contempt of court may carry potential penalties including jail time and monetary fines. The non-paying parent may also be subject to losing their professional licensure.
Additionally, there are some states that will not issue or renew driver’s licenses to non-paying parents. An employer can also withhold a portion of the wages of a non-paying parent that can be used toward retroactive payments.
A child support debt, including retroactive child support, cannot be discharged, or erased, during a bankruptcy. In general, these debts do not expire.
Attempts to collect retroactive child support are not typically subject to any statute of limitations, or time restrictions when a claim must be brought.
Contacting a Lawyer
If you have any issues, questions, or concerns related to your child support rights or obligations, it may be helpful to consult an Ohio child support attorney. Your attorney can help you address any child support issues you may have.
Your lawyer can also help ensure that you receive the proper amount of payments if you are the non-paying parent or make sure you are not required to pay too much if you are the paying parent.
