Can a mother get back pack for child support that was never court ordered?

[Swizzle]

What is the name of your state (only U.S. law)? North Carolina

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina

North Carolina is a bit unusual in that it specifically allows for this (it would be very difficult in most states).

https://nddhacts01.dhhs.state.nc.us/GuideLines.jsp#RetChildSupport

In cases involving a parent's obligation to support his or her child for a period before a child support action was filed (i.e., cases involveing claims for "retroactive child support" or "prior maintenance" ). a court may determine the amount of parent's obligation (a) by determining the amount of support that would have been required had the guidelines been applied at the beginning of the time period for which support is being sought, or (b) based on the parent's fair share of actual expenditures for the child's care. However, if a child's parents have executed a valid, unincorporated separation agreement that determined a parent's child supoort obligation for the period of time before the child support action was filed, the court shall not enter an order for retroactive child support or prior maintenance in an amount different than the amount required by the unincorporated separation agreement.

Note that this says the court MAY order retroactive child support - not that they MUST. I don't have any idea if they do so 2% of the time or 95% of the time (although maybe someone from NC can shed more light on the situation). More information about your situation would be helpful, but I would suggest that you talk to your local child support enforcement office about filing a request for CS.