When a non-custodial parent fails to pay child support or has not been involved at all in a child’s life up to a certain point, the custodial parent may be entitled to unpaid child support payments. Generally speaking, retroactive child support is a term that typically comes up in two different situations in which a custodial parent is seeking previously unpaid support for a child.
In some situations, there is a child support order, and the non-custodial parent has failed to make the required support payments. This situation is not technically what falls under the defined terminology of “retroactive” child support, but is referred to as a child support “arrears”. If court-ordered support is not paid, the Court will require that it be paid. What if there was no court order for child support, but the non-custodial parent failed to provide support? In certain circumstances, a custodial parent may seek “retroactive” support back to the child’s birth.
When can you receive retroactive child support? The first thing to understand is that “retroactive” child support can be collected in a case between unmarried parents but not in a divorce under the divorce statute. If you are the custodial parent and were not married to the other parent, there are particular circumstances in which you may be awarded child support back to the child’s date of birth. There are no hard and fast rules for when a custodial parent can and cannot receive retroactive child support. Instead, the court will look at a number of different factors when determining whether to award retroactive child support. Those factors include the following:
Can Child Support Be Awarded Retroactively in Illinois?
Yes, in Illinois, courts have the authority to grant retroactive child support. This means that a child support obligation can be applied to past periods, not just from the date of the court order. The decision to award retroactive support is based on several factors, including the non-custodial parent’s income during the relevant time frame and their awareness of their financial responsibilities towards the child. In cases of paternity, child support can often be backdated to the date when legal documents were served that established the father-child relationship, ensuring that the child receives the support needed from the point of recognition.
Illinois does not enforce a strict statutory time limit regarding claims for retroactive child support. Nevertheless, courts will evaluate various circumstances surrounding the case, including whether the parent was aware of the child’s financial needs and any delays in requesting support. This means that while there is flexibility in the timing of claims, the specifics of each situation can significantly influence the court’s decision.
The calculation of retroactive child support hinges on the non-custodial parent’s income during the timeframe for which support is being claimed. Courts typically analyze financial records, which may include tax returns, pay stubs, and other documentation that reflects the parents’ earnings.
If a parent has been underemployed or voluntarily unemployed—meaning they chose not to seek full employment despite being able to do so—the court may estimate their earning potential based on prevailing wages for similar jobs in the area. This ensures that the child receives adequate support, reflecting what the parent could have potentially earned.
In situations where the non-custodial parent made informal or voluntary payments toward the child’s expenses prior to the establishment of a formal child support order, these payments may be considered by the court. The court will evaluate the amount and consistency of these payments when determining the final retroactive support amount owed. This consideration may help reduce the overall retroactive support obligation, acknowledging the parent’s previous contributions.
Yes, retroactive child support orders can be modified under certain conditions. If there is a significant change in the non-custodial parent’s income or a substantial change in the child’s needs, modifications can be requested to reflect these changes. Adjustments can also be made based on the timing of the modification request, which may affect how much retroactive support is owed or how it is enforced.
Illinois provides a variety of mechanisms to enforce child support obligations, including retroactive amounts owed. Some common methods include wage garnishment, where a portion of the non-custodial parent’s wages is automatically deducted to satisfy the support obligation. Another is tax refund interception, in which the state can seize tax refunds to cover unpaid support.
The state can also order the issuance of liens on property owned by the non-custodial parent. If a parent fails to comply with their child support responsibilities, legal action can be pursued to recover the amounts owed, ensuring that the child’s financial needs are met.
We should note that the typical situation in which a parent seeks retroactive child support is one in which the mother of the child has been responsible for the child’s care, and the father has been the non-custodial parent for all intents and purposes. It is important to highlight this, given the assumptions in the language cited above.
Seeking retroactive child support can be a complicated and frustrating process, and it is important to have an experienced Chicago child support lawyer on your side. If you have questions about beginning the process of obtaining past-due child support, an advocate at our firm can help. Contact Gordon & Perlut, LLC at 312-360-0250 today to learn more about our services.
(Updated 4/18/2025)