For many parents, receiving child support is a critical part of being able to raise their children. If you’ve been raising your children on your own, however, and you have not yet filed for child support, you may wonder if child support is retroactive in New Jersey. Read on and reach out to a child support lawyer in Bergen County to learn more. Here are some of the questions you may have:
Does New Jersey allow retroactive child support?
Typically, no. For example, if you and your spouse separated months ago and you raised your children alone, but didn’t file for a divorce and request child support until now, you will not be entitled to receive support for the months you raised your children alone. In another fairly common scenario, a parent will abandon a family, and the other parent is left to pay for and raise the children alone. In this case, if the parent doesn’t file for child support immediately after the other parent leaves, they will not be entitled to support until the date they file for it.
The only scenario where a parent may receive retroactive support is if they file for child support when they file for their divorce, but the divorce doesn’t conclude until months or a year later. In this case, the court may order a backpay of child support from the day you filed for it until the day your divorce was finalized.
Since retroactive child support is not available in New Jersey, anyone seeking support should reach out to our experienced Bergen County family lawyers right away so we can fight for the support you deserve and need.
Is retroactive child support the same as unpaid child support?
No. Unpaid child support and retroactive child support are entirely different. Unpaid child support is when a child support order is already in place and a parent simply refuses to follow it. In this case, the parent who receives child support is absolutely entitled to any child support the parent missed. It is illegal and downright wrong to ignore a support agreement, and courts will work to ensure any parent raising a child has sufficient financial means to do so. Whether you’re seeking support in your initial divorce agreement or your ex is refusing to pay child support, we are here to help.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.