Maryland Divorce & Family Law Attorneys
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What is Retroactive Child Support?

When child custody arrangements change, it is sometimes necessary for one parent to pay child support to the other. This change frequently occurs when couples become separated or divorced. There is a formula calculation made through the Maryland legal system as to how much one parent pays the other for support. The exact amount varies depending on the amount of money each parent makes in addition to some of the other expenses involved in the child’s day-to-day life. The amount can be legally altered under certain circumstances, often with legal assistance from a Maryland child support and divorce attorney.

Retroactive Payment

Once a marriage is dissolved, any arrangements during the time of separation can be replaced by a legal divorce decree and child support agreement. In some rare cases, a judge may award child support to be paid to one parent by the other to cover a specific amount of time before the new agreement was legally approved. This back pay is referred to as retroactive child support. In some cases, the parent is required to pay the money in a lump sum; in other cases, an agreement may be worked out to pay the money owed in smaller installments until a date certain. It can take place for a variety of reasons, including these:

  • No support was paid during the unmarried parents’ separation from each other, and one parent files a claim to cover expenses during that time.
  • The amount was later determined to be insufficient, a common issue with informal payments.
  • The parent responsible for payments deliberately withheld accurate information about their true income or expenses.
  • Payment amounts may be based on how much money the non-custodial parent was making in wages at the time of the separation.

To learn more about the child support payments involved in your upcoming separation, divorce, custody or visitation case, contact Spencer Hecht and the team of family law attorneys at Hecht & Associates today by calling 301-587-2099.