Many families in Ohio depend on child support to ensure that their children's expenses are paid for. Custodial parents who are seeking an order for support as part of the divorce decree may sometimes want to collect retroactive support, such as fro the date of physical separation.
In order to establish a claim for back child support, custodial parents are required to submit evidence that the non-custodial parent failed to provide support for the child and that there was an attempt to collect the child support from the non-custodial parent. In situations in which the non-custodial parent is the father, the custodial parent has to prove that the father was aware that he was the father of the child.
Non-custodial parents can challenge a claimby submitting proof, such as receipts for food, clothing and other essentials for the child, to show that support was provided. Usually, parents who are unable to make monetary payments are allowed to provide other types of support, like child care on a regular basis. The family court will determine what kinds of alternative support can be provided if money is not available.
It is important that non-custodial parents maintain comprehensive records about the child support they provide. In lieu of receipts, the court may consider communication records or the testimony from a witness stating the support was provided by the non-custodial parent. Before requiring retroactive child support, there are many factors that are considered by the court. These will include whether the non-custodial parent has the financial wherewithal to pay it.
A family law attorney may provide counsel regarding how to resolve this type of an issue. The attorney may evaluate a client's case and may advise of ways to obtain back child support or modifications to an existing support order.