While not very common, there are circumstances in Wheat Ridge, Arvada and across Jefferson County where a judge may order retroactive child support after it is specifically requested. Retroactive child support means a parent will be required to pay child support to cover a time when no child support order existed. The purpose is to either pay unpaid past child support or to pay the support payments that were needed before the court entered a child support order. One party must file a request for retroactive child support in order for the judge to consider ordering the other party to pay.
Reasons a Court Will Order Retroactive Child Support in Arvada
There are a few different reasons why a Jefferson County Family Court judge will consider ordering retroactive child support:
1. The final child support hearing is delayed: Sometimes, legal proceedings can take months and even years to get everything all sorted out. If during all this time the case was pending, one party was not receiving any child support and the financial obligation fell to just one parent, then retroactive child support may be ordered to cover the time it took to get the final order.
2. One parent hid assets or avoided paying child support: If one parent hid assets so the child support calculator assessed their payments to be lower or they just avoided paying child support at all, then the court may order retroactive child support to make up the difference or pay what is actually owed.
3. The custodial parent shows a need for retroactive child support: Sometimes, extenuating circumstances exist and a judge is willing to hear the reasoning behind a request for retroactive child support.
Determining How Much Golden, Colorado Retroactive Child Support is Owed
Often, the courts will require the non-custodial parent to pay child support based on their income during the time in question. For example, if a parent was making minimum wage during the period the retroactive child support was requested for, then the amount will be based on that income, even if the parent makes significantly more currently. As with all decisions regarding children, it is about what is in their best interest, and that is the most important factor the courts will consider when deciding to order retroactive child support and the amount owed. Of course, divorce court judges also seek an equal sharing of the financial burden of raising children.
If you feel you are owed retroactive child support or are fighting a request for retroactive child support, contact Wheat Ridge’s best family law attorneys from the Pearman Law Firm at 720-259-9528 or today.
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