Can Child Support be Retroactive in Illinois?

Posted by Phineas Gray on December, 2017

It makes sense for child support to begin directly when the child is born or a custody arrangement is finalized. However, many factors exist that would make this impossible. In some cases, divorce proceedings or custody hearings drag on for a time. There may be a question about paternity to deal with.

Whatever the reasons behind the delay, Illinois allows for retroactive child support payments to cover more of the child’s life. The right Oswego child custody attorneys can help navigate the support laws and court appearances.

Illinois’s Parentage Act

In 2015, Illinois adopted a Parentage Act to cover this and many other legal parenting issues. It covers everything from step-families to surrogacy as they pertain to support of the child. Oswego child custody attorneys understand the minutiae of the act so you do not have to.

Whether you are a custodial or non-custodial parent, knowing if child support is retroactive in Illinois matters. The simple answer is yes. Child support responsibilities started when the order summons was first issued no matter how long the court appearances last afterward. The judge may also extend the retroactive period back as far as they like to the child’s birth.

What This Means for You

Custodial parents seeking child support may have a period when no money is coming in before or during court proceedings. Child support begins once paternity is established. Totals will include retroactive payments for as much as the court orders.

For non-custodial parents, realize that the financial responsibility for the child begins at birth or as close to it as the courts think appropriate. You will definitely have to pay from the time you were aware of being a parent and when the other parent sought child support.

The family court system can be complicated for parents struggling through custody and child support conflicts. Oswego child custody attorneys can help. Knowing Illinois supports retroactive child care payments also helps you prepare to do the best for your child as possible.

Since 1979, Fay, Farrow & Associates, P.C. has been assisting people with family law issues including divorce, child custody, visitation, child support, paternity, and mediation services. Their team of successful attorneys also cover wills and probate, worker’s compensation, and personal injury help. They offer considerable experience in Illinois law and dedication to help clients get the best possible outcome.