You might wonder if child support can be awarded retroactively. In short, it can. In deciding whether to order retroactive child support or not, the court considers the following factors:
- A determination of the factors specified in the Illinois Marriage and Dissolution of Marriage Act;
- The noncustodial parent’s prior knowledge of the fact and circumstances regarding the child’s birth;
- The noncustodial parent’s prior willingness or refusal to help raise and/or support the child;
- The extent to which the custodial parent or the public agency bringing the action previously informed the noncustodial parent of the child’s needs or attempted to seek assistance in supporting the child;
- The reasons the noncustodial parent did not file the action earlier; and
- The extent to which the noncustodial parent would be prejudiced by the delay in the bringing of the action.
See 740 ILCS 46/802(e).
Historically, Illinois courts have upheld retroactive child support orders-retroactive to the date of filing of the Petition for Dissolution of Marriage, or the date of service of same. For example, in Toole v. Toole, 273 Ill. App. 3d 607, 618 (2nd Dist. 1995) the appellate court held that the trial court did not abuse its discretion in ordering the husband to pay child support retroactively to the date when the Petition for Dissolution of Marriage was filed, which was over two and a half years prior, and the children were now emancipated. In ruling in this matter, the court noted that if retroactive child support was not awarded, it would result in a windfall to the husband and would encourage non-custodial parents to delay proceedings.
Rincker Law, PLLC can help you with your Illinois child support case. Cari Rincker is also a trained mediator and can mediate these types of child support disputes.
What about where the parents were not married. Seems to be a much more difficult problem. How do you find father?
My daughter is 33 years old. Her father has never paid one dime for her support. She is the only child he has and the only grandchild. I tried to get support, only to be blown off by the Illinois legal system because he is wealthy. He should be held accountable to her.
WHAT IF THE CUSTODIAL PARENT NEVER CHECKED TO SEE IF THE NON-CUSTODIAL PARENT’S INCOME HAD CHANGED AND THE SUPPORT ORDER HAS BEEN SATISFIED (PAID IN FULL)FOR 20 YEARS?
Me and the woman of my child took me to court for back child support. The court is giving her retroactive support . what can I do we lived together for 7 years my kid is 11 now