The Heavy Burden of Past Child Support Orders
Retroactive child support means paying for a child’s needs from a time before a court officially ordered support. This can happen when a parent is legally declared the child’s father after the child is born, or when past payments were missed. The law allows courts to order past support payments to cover periods when support should have been paid but wasn’t. Understanding when and how these past payments can be enforced is crucial because the financial and emotional impact on families can be significant.
If you are facing questions about retroactive child support, an Oklahoma attorney can help explain what the law says and what options you have.
How Far Back Can Retroactive Support Reach?
Oklahoma law sets limits on how far back a court can order retroactive child support. For paternity cases, where a father is legally identified after the child’s birth, courts can order support for up to two years before the case was filed. This two-year limit has been in place since November 1, 2014. Okla. Stat. tit. 10 § 83(C)). Before that date, courts could order retroactive support for up to five years. This means that older cases might still allow a longer retroactive period, but newer cases follow the two-year rule.
The court calculates retroactive support using the child support guidelines that were in effect during the period when support is owed. For example, support owed before November 1, 1999, is calculated using the 1988 guidelines, while support owed after that date uses the 1999 guidelines. Okla. Stat. tit. 43 §§ 118, 119.
Who Is Responsible for Retroactive Support and When?
If a man is legally determined to be the father of a child, the law requires him to pay for reasonable child-related expenses and support going back in time. This is not optional – the word “shall” in the statute means the court must order retroactive support up to the legal limit once paternity is established. Okla. Stat. tit. 10 § 83(C)(1).
However, the court may consider if the child lived with the father for part of the time. In those cases, credit may be given for the time the child was in the father’s care, reducing the retroactive amount owed. Andersen v. Fellers.
Because retroactive support orders can be complicated, consulting a child support attorney helps ensure all relevant factors and credits are properly considered.
Exceptions and Special Situations Affecting Retroactive Support
Retroactive child support isn’t always straightforward. For example, if a child was born during a marriage but excluded in a divorce decree, past support obligations might still arise later if paternity or custody issues come up. Clark v. Edens, 2011 OK 28. Courts also carefully review whether children are entitled to support if they stop attending school or become self-supporting, as the obligation generally continues until the child finishes high school or reaches adulthood. Okla. Stat. tit. 43 § 112(E).
Past cases have shown that courts do not allow downward deviations in retroactive support simply based on fairness or the obligor’s age. The law outlines specific reasons a court can reduce support, and these must be strictly followed. Department of Human Services v. Glasby.
Why Legal Guidance Matters in Retroactive Child Support Cases
The rules governing retroactive child support are detailed and sometimes confusing, especially when statutes have changed over time or when facts about the child’s living arrangements come into play. Mistakes in understanding these rules can lead to unexpected financial burdens or lost support for a child.
Working with an experienced Oklahoma attorney can help you navigate the process, protect your rights, and ensure the court applies the law correctly. Moms.Law offers compassionate legal guidance tailored to your family’s situation. If you need legal help, call Moms.Law at (918) 770-7117.
Contact an Oklahoma Child Support Attorney Today
Dealing with retroactive child support can be overwhelming, but you don’t have to face it alone. Whether you need to establish past support or challenge an order, a knowledgeable child support attorney in Oklahoma can provide clear advice and support. Reach out to Moms.Law for understanding guidance through this difficult process. While no outcome can be guaranteed, having experienced legal help can make a significant difference for you and your family.