Child support ensures that both parents share financial responsibility for raising a child. However, what happens when a parent needs financial help before an official court order is established? North Carolina has a system called retroactive child support, often referred to as retroactive child support in NC, to help ensure a parent still contributes financially before a formal order is in place.
Retroactive child support is financial support that covers a time before a valid support order is in place. It often applies when one parent was the primary caregiver and the other did not contribute financially before the case went to court, raising the question many ask: Can I get a retroactive child support order to cover that unpaid time?
Understanding how retroactive child support works in North Carolina, when it applies, and how it’s calculated can help you provide for your child during a challenging time.
What Is Retroactive Child Support?
Moving through the North Carolina family legal system takes time. Depending on the circumstances of your case and the court’s schedule, it can take time before your case is resolved. If you are the primary caregiver for your child, what do you do about their expenses in the meantime? North Carolina uses a retroactive child support system to help parents cope with the financial issues of raising a child before a valid court order is issued.
Retroactive child support refers to financial support a parent may owe for the time before a formal court order. This support covers a child’s expenses before a legal obligation is in place. In most situations, retroactive support falls into one of two categories.
Past Support Without a Prior Agreement
When no support is provided before a court order, the court may require a non-custodial parent to cover reasonable costs. Costs may stem from when the parents separated or the child was born.
Reimbursement for Voluntary Support
If one parent provided support voluntarily, even without a court order, the court may consider that when determining whether additional retroactive support is owed.
Retroactive support is supposed to help compensate a custodial parent for money spent that the other parent should have paid. Pre-birth expenses are generally not counted in retroactive support. Only costs incurred after the child’s birth, such as daycare, food, clothing, and other necessities, are included.
There can be some confusion between retroactive support and arrears. Parents should know that retroactive support can only be ordered for a period before a formal support order was entered. Additionally, prior maintenance generally does not apply if a valid support agreement exists. Arrears are not retroactive support. Arrears are unpaid child support payments that accumulate after a valid court order is in place. Retroactive support helps cover past expenses, while arrears are payments not made to cover present and future child support.
When Can You Request Retroactive Child Support?
You can request retroactive child support in North Carolina when no prior child support order exists. However, the other parent must not have provided adequate financial support. This request typically applies to the period between the child’s birth or parental separation and the date a child support order gets officially entered. Situations where retroactive child support may apply include:
- Situations where parents have no formal child support arrangement
- One parent provided little to no support for the child before court intervention
- There is a significant delay between a court filing date and the date of a support order
North Carolina law also establishes a time limit for seeking retroactive child support. A parent can seek retroactive child support up to three years before a support claim. For example, if you file a support claim on January 1st, 2026, you can seek compensation as far back as January 1st, 2023.
Retroactive child support is not automatic. A custodial parent must request it from the court when filing their initial support claim.
How Is Retroactive Child Support Calculated in NC?
In response to a court case, North Carolina enacted statewide guidelines to help standardize retroactive child support calculations. In cases involving prior maintenance or retroactive support, the court can calculate compensation in one of two ways.
Actual Past Child-Related Expenses
Under this system, calculations are based on the parents’ fair share of expenditures for the child’s care. Reimbursement can include food, clothing, housing, medical care, and other childcare or school-related expenses. Documentation, such as receipts or bank statements, is needed to prove what was spent during the retroactive period.
Using North Carolina Retroactive Child Support Guidelines
This method involves calculating the support that would have been required had the guidelines been applied at the beginning of the period for which support is being sought. The court reviews each parent’s income during the period in question. Next, they apply a formula to arrive at a support value as if a support order had been in place. This method is more common when there is little to no documentation to prove expenses.
When pursuing retroactive child support, the custodial parent must justify the reasons for seeking support from the court. Valid concerns a parent can use to support their claim include:
- The other parent did not meet the child’s financial needs
- The non-custodial parent intentionally avoided paying support
- The non-custodial parent hid their finances
Courts can also consider voluntary payments made by a non-custodial parent during the retroactive time. Consulting an experienced North Carolina family law attorney is essential. An attorney can evaluate which method may apply to your case and calculate the value of your retroactive support claim.
An Experienced North Carolina Child Custody Attorney Can Help You
You deserve fair financial support from your child’s other parent. Seeking retroactive child support is one way to pursue the money you need to support your family. The child support attorneys in North Carolina at Marshall & Taylor PLLC can review your situation and help you seek the equitable relief you deserve. Contact us today at (919) 833-1040 to arrange a confidential consultation with an experienced North Carolina family law attorney. Our team will take the time to carefully review your situation and offer legal solutions to address your needs.