Backdating child maintenance

There are a few different scenarios where retroactive child support might come into play.

For example, an unmarried, noncustodial parent may have to pay for the other parent's prenatal and labor expenses and child support dating back to the child’s birth.

If parentage is assumed, they’ll work out a child maintenance amount.

The person named as the parent has to pay this until they can prove that they’re not the parent.

CMS will write to both parents on the day of the Annual Review date giving them the child maintenance decision and a schedule of payments (if there are any payments).

The amount of child maintenance due may have stayed the same, gone up or down depending on the circumstances of each individual case.

The parent seeking retroactive child support must file a petition (written request) with the court specifically asking for payments going back to a certain date and providing reasons justifying the retroactive support award, such as: Judges have tremendous leeway when it comes to ordering retroactive child support.

But the longer a parent waits, the less likely a court is to award support for the entire period.

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It doesn’t take the receiving parent’s income into account.A divorcing parent may have to pay retroactive child support for the months between the start of the divorce and when the court actually issues a child support order.Past due support, also called “back” child support, results from one parent’s failure to pay court-ordered child support on time.To make sure the right amount of child maintenance is being paid, the Child Maintenance Service (CMS) looks at the paying parent’s income, benefits and other circumstances every year, to check if the maintenance should stay the same, go up or down.This is called an Annual Review and it applies only to the 2012 scheme.A court may impose sanctions or penalties on parents who don’t fulfill their child support obligations.Sanctions can include fines, payment of attorney’s fees, and even jail time.It happens for a number of reasons as it: If either parent disagrees with any of the figures used to calculate the child maintenance or has information they think could change it, they have up to the date of the Annual Review to contact CMS.If a change is made because of the information provided by either parent, CMS will backdate the change to the date of the Annual Review decision.There’s a big distinction between a parent who's refusing to pay court-ordered child support and a parent who hasn't yet been ordered to pay.If you're the paying parent, and a judge issues a retroactive child support order, you will have to pay support for a certain period of time before child support was officially granted.