Ask A Lawyer: Can I Back Date Child Support?

Question:

I have been behind on my child support for the past 2 years due to losing my job. I’ve asked more then twice to have my child support reviewed due to my unemployment status. The case workers are rude and not helpful.

My question is: Can I have my child support "back dated" and adjusted during the time I was unemployed?

 

 

Answer:

You need to consult an attorney in your jurisdiction as it depends on the jurisdiction if you can “back date” your child support for the term of your unemployment. 

As a general rules the Courts will not “back date”, your child support obligation.  Additionally, you should discuss with your attorney the possibility of filing a motion to modify your child based on your employment situation.

 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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