Can I get back child support if I never filed? While getting back child support could be a possibility in certain situations, you generally cannot get this type of support if you have not filed for a court order.
To fully understand your options and what to expect, consult a Seattle child support lawyer before taking any action. They can provide clarity on child support and when back support may be allowed.
Understanding How Retroactive Child Support Payments Work in Washington
Back child support, also known as retroactive support, refers to financial support paid toward a child’s expenses that is paid to cover a period of time in the past. Typically, retroactive payments can only go back as far as a child support petition, so if you never filed one, you most likely will not be able to claim retroactive payments. In certain circumstances, a judge may go back further, but this can be rare.
In some cases, a judge may allow retroactive payments to go back much further, but it is up to their discretion and based on the circumstances involved in the case. It is also important to be aware that there is a difference between retroactive child support payments and arrears. The former is the support you may recover once the order is established, while the latter is support obligated by an existing order.
To recover retroactive payments, you must first establish a child support order. To do this and ensure you receive the maximum amount in back child support, you should consult and work closely with a lawyer who is equipped to handle these cases.
They can help you with paperwork, filing, and advocating for you so you can minimize your overall financial burden of providing for your child and paying their expenses.
Reasons Why a Child Support Order May Not Have Been Established in Washington
While child support orders are typically filed as part of divorce proceedings, they are not the only avenue that may incite this action. However, if parents do not engage or delay these actions, then it can increase the chance that a child support order may not have been established, which reduces your access to financial assistance with providing for your child.
For example, child support agreements made outside of court are informal and do not provide enforceability or a potential right to back child support. In these situations, an official order or amount has not been established and submitted to the court. Another reason a support order may not have been established is in situations where the other parent has not been located or is not settled in one location.
Another reason why a child support order may not exist is that a child’s parentage is not established. This information is essential for seeking child support from a noncustodial parent.
Generally, a mother’s rights are established at birth, but a father’s parental rights must be established. Furthermore, custodial fathers need more help with child support agreements because they are likely to establish them.
Repercussions of Not Establishing a Child Support Order in Washington
Failing to file child support can have many repercussions. Not only does it prevent you from recovering some back support, but it also leaves you to bear child-rearing costs alone. Providing for one or more children on one income can put a significant amount of stress on you and impact the child’s best interests and quality of life as well.
Filing for support late can also limit the potential recovery of back child support. While the court may allow you to recover retroactive payments beyond the filing date, it generally only goes back five years. That means if you and your spouse separated for a period of time and you covered all or most of the child’s expenses, for example, you could lose financial support if you exceeded this time frame.
One of the many benefits of establishing a child support order is that it becomes enforceable. This means that if the other parent fails to make child support payments after an order exists, then you may recover back child support with interest. However, if an order is not established, then another parent is not legally obligated to pay you child support.
Initiate the Process of Establishing a Child Support Order to Seek Back Child Support
To begin getting back child support for a portion of the time you went without, begin by filing a formal child support petition with the court to start the process
Washington’s Division of Child Support can handle your case, help establish paternity, and other applicable processes to help you establish a child support order. You should also hire a lawyer to help you with filing and navigating the legal process.
It is important to be aware that if the child’s parentage has not been established, then that must be completed before you can request child support. Once completed, you may submit the appropriate paperwork to open a case. Additionally, if you file for divorce or initiate another applicable family law case, this could also trigger the legal process for establishing child support.
In addition to your child support order petition, you can also submit a request for retroactive child support payments at that time. Again, this can only go back as far as your filing date, so it may not cover very much if you recently sought payments. However, exceptions can apply, and judges may extend retroactive payment, so it is important to consult the attorney representing you about potential options.
Consult Dellino Family Law About Child Support
Dellino Family Law understands that you do not want to lose any child support you are owed. While you may not be able to collect back child support if you never filed for it, we can help you take action so you can establish a child support order so you do not go without child support any longer.
Schedule a consultation with our team today to learn more and take the first step forward.
