If you are facing a divorce, your primary concern is naturally your children’s welfare. An important component of this is having the means to continue supporting them financially, physically, and emotionally. The financial prong typically involves child support payments that are designed to help you pay for necessities such as food, clothing, and shelter.
If you did not receive child support for a period of time due to some kind of oversight, you can appeal to the court for retroactive child support payments. Though it can be a complicated process, obtaining the child support you need is worth the extra effort.
Why Retroactive Child Support?
Typically, if divorcing parents cannot agree on a child support payment plan, the court will make the decisions for them. Sometimes, however, the court does not have adequate information to reach a decision regarding child support or determines that child support is not necessary in the case before it.
If you do not receive child support for a period of time following your divorce, it does not mean that you cannot bring the matter up with the court at a later time and even petition for retroactive child support for that period of time that you went without. While this is not a common occurrence, if it applies to you, it is an important legal mechanism that could prove exceedingly helpful to you and your children.
Proving Eligibility for Child Support
In order to obtain retroactive child support, you will need to go back to court to present your case – much like you did originally. Having an especially complicated divorce can also make the issue of child support more complicated. If you were not originally awarded child support – for any reason – you will need to provide the court with evidence that you were, indeed, owed this important financial support for your children in the first place.
The process is somewhat more complicated because of the fact that you will need to present both your past and present financial circumstances – if you seek both retroactive and ongoing child support. This child support hearing will proceed much like your original hearing, and you will need to demonstrate to the court that the retroactive child support is necessary and that your children’s other parent can reasonably pay the support.
If You Have Concerns about Child Support, Consult with an Experienced Central Texas Family Law Attorney Today
When it comes to divorce, your children are your top priority, and child support is essential to your ability to continue providing them with a comfortable, healthy lifestyle. If you have concerns about child support, attorney Brett H. Pritchard at The Law Office of Brett H. Pritchard is here to help. Mr. Pritchard has the experience, knowledge, and commitment to help ensure that you receive the child support to which you are entitled. For more information, please contact or call us at (254) 220-4225 today.