Retroactive Child Support by State

[coosi]

What is the name of your state? All

http://www.ancpr.org/developing_state_policy_on_the_p.htm#STATE IVD POLICIES ON RETROACTIVE SUPPORT

STATE
RETROACTIVE SUPPORT SOUGHT
MAXIMUM RETROACTIVE PERIOD
INTEREST ON RETROACTIVE SUPPORT SOUGHT

ALABAMA
YES
2 YEARS
YES

ALASKA
YES
6 YEARS
YES

ARIZONA
YES
FROM DATE OF FILING
YES

ARKANSAS
YES
NONE
NO

CALIFORNIA
YES
3 YEARS FROM DATE OF FILING
YES

COLORADO
YES
NONE
YES

CONNECTICUT
YES
3 YEARS
NO

DELAWARE
YES
2 YEARS
NO

D.C.
YES
NONE
NO

FLORIDA
YES
2 YEARS FROM DATE OF FILING
NO

GEORGIA
NO
N/A
N/A

HAWAII
YES
COURT DISCRETION
NO

IDAHO
YES
3 YEARS FROM DATE OF FILING
NO

ILLINOIS
YES
COURT DISCRETION
NO

INDIANA
YES
COURT DISCRETION
YES

IOWA
YES
3 YEARS FROM DATE OF FILING
NO

KANSAS
YES
DATE NCP KNEW OF CHILD’S BIRTH
YES

KENTUCKY
YES
4 YEARS
YES

LOUISIANA
YES
DATE OF FILING
NO

MAINE
YES
6 YEARS PRIOR TO DATE OF FILING
NO

MARYLAND
NO
N/A
N/A

MASSACHUSETTS
YES
NONE
YES

MICHIGAN
YES
NONE
NO

MINNESOTA
YES
2 YEARS FROM DATE OF FILING
YES

MISSISSIPPI
YES
COURT DISCRETION
NO

MISSOURI
YES
5 YEARS FROM DATE OF FILING
YES

MONTANA
NO
N/A
N/A

NEBRASKA
YES
NONE
YES

NEVADA
YES
4 YEARS PRIOR TO DATE OF FILING
NO

NEW HAMPSHIRE
YES
DATE OF FILING
NO

NEW JERSEY
NO
N/A
N/A

NEW MEXICO
YES
NONE
YES

NEW YORK
YES
DATE OF OPENING OF TANF CASE
NO

NORTH CAROLINA
NO
N/A
N/A

NORTH DAKOTA
YES
DATE OF BIRTH OR FIRST CONTACT WITH IVD
NO

OHIO
YES
NONE
NO

OKLAHOMA
YES
60 MONTHS PRIOR TO DATE OF FILING
NO

OREGON
YES
DATE OF CONTACT WITH IVD
NO

PENNSYLVANIA
YES
DATE OF FILING
NO

PUERTO RICO
NO
N/A
N/A

RHODE ISLAND
YES
6YEARS PRIOR TO PATERNITY ESTABLISHMENT
NO

SOUTH CAROLINA
NO
N/A
N/A

SOUTH DAKOTA
YES
6 YEARS
NO

TENNESSEE
YES
DATE OF PATERNITY ESTABLISHMENT
NO

TEXAS
YES
NONE
NO

UTAH
YES
4 YEARS PRIOR TO DATE OF ORDER
NO

VERMONT
YES
DATE OF FILING
NO

VIRGINIA
YES
NONE
YES

WASHINGTON
YES
DATE STARTED TO RECEIVE PUBLIC ASSISTANCE OR APPLIED FOR IVD SERVICES
NO

WEST VIRGINIA
YES
NONE FOR PATERNITY CASES. DATE OF FILING FOR OTHERS
YES

WISCONSIN
YES
COURT DISCRETION
YES

WYOMING
YES
DATE OF FILING
YES




Note: None means the decision maker can go back to the date of the child’s birth.

 

[VeronicaGia]

 

[jcshores]

does this mean that the state will only go back that # of years in seeking back support? when my wife "re-appeared" I was living in Va.

 

[VeronicaGia]

does this mean that the state will only go back that # of years in seeking back support?

**Yes.


when my wife "re-appeared" I was living in Va.

You need to use her state, not yours, if she is in a different state and has filed for support.

 

[jcshores]

thank you so much that is very helpful

 

[coosi]

I only posted a small portion of the info from the site. Take a look, you might find more of interest...

 

[HomeGuru]

I vote for a retroactive CS 50 years across the board in all states.

 

[coosi]

I vote for a retroactive CS 50 years across the board in all states.

In all fairness, I amend that retroactive child support obligation should be forgiven, across the board, upon the child's reaching the age of 65...

 

[HomeGuru]

Well, shall we just agree to disagree? I have seen some 65 year olds that act like kids. Some are even my own clients.

 

[Boxcarbill]

These charts can be somewhat misleading and this one is misleading regarding Texas. So just to clarify what the law actually states and to let people know that the chart states the exception not the rule, I will post the applicable Texas statute.

Tex. Fam. Code § 154.131 (c) It is presumed that a court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child.

Now for the exception § 154.131 (d) The presumption created under this section may be rebutted by evidence that the obligor:


(1) knew or should have known that the obligor was the father of the child for whom support is sought; and


(2) sought to avoid the establishment of a support obligation to the child.

The word "and" is conjunctive and therefore both (1) and (2) above must be proven to rebut the 4 year presumption.

 

[shawna maples]

Texas - my ex was ordered to pay $15,000 back support at 6% interest - hadn't paid for 4 years. He pays $20.00 a month which I guess means he'll owe it forever.

 

[Boxcarbill]

Texas - my ex was ordered to pay $15,000 back support at 6% interest - hadn't paid for 4 years. He pays $20.00 a month which I guess means he'll owe it forever.

There is a difference between arrears and retroactive child support. Retroactive child support pertains to the time period that a court can reach back in ordering child support in an original child support order. Arrears in child support accumulate on an existing order.

 

[nextwife]

Personally, I feel (not that it matters) that if a mom hides knowledge of the existance of the child, denying the father any right to pursue his parental rights, and guaranteeing, therefore, that all custody and decision making would only be hers, she should NOT be entitled to go back. Go back after the fact, and obtain support during the time she denied him a right and a chance to be a parent.

MY favs are the woman who PICK the father they like best at the time ( "I was with a new BF when I had my baby, so I put his name on the BC, but now my son is 4 and we broke up and he won't pay CS and asked for a DNA test....", so NOW they want the guy that she didn't want to get to parent the child to be financially obligated for the whole time he didn't know he had a kid. GRRRR!

 

[shawna maples]

You're my teacher Boxcar. I mean that in the best way - I didn't realize the difference between arrears and retroactive. To be honest during my divorce I didn't know about the above statute you mentioned. I know what you're saying though. The thing is he was ordered to pay retroactive child support in the above amount and interest rate. The amount was based on a marital settlement agreement and the amount of CS court ordered 5 years previously in a (Florida -temporary order) which was only in effect for 8 months. He diappeared at that time. Had it been based soley on the temp order it would have been $44, 454.00. Does this mean my Orders are ambiguous or something?

 

[JazzyMazzy]

retroactive cs

Thanks, coosi !
That was precisely the info that I was looking for.
I had already posted a question about this before I started surfing around in here. (sorry)

The situation with me and my daughter is---we are in Georgia, but the court order was done in Missouri, completed 2 years after I filed it. NCP loser dad has been on time so far. The payments started in August.

I want to know how I go about obtaining the funds he owes prior to the day the judge signed the court order, since it was not addressed in the court order.

I estimated the amount to be around $9000.