What Is Back Child Support & Legal Payment Requirements

Back Child Support: What Is It and How Does It Work?

Paying child support is a requirement in most divorce and separation cases. While some people purposely miss court-ordered child support payments, others run into financial trouble that prevents them from paying. Regardless of the reason for not paying, it is considered back child support, and there are consequences for not paying, including jail time. If you find yourself in a financial bind, you should contact a divorce attorney to help you ask for a modification of the support order. However, you cannot put yourself into a financial bind to avoid support.

What Is Back Child Support?

Child support is the payment of money from one parent to the other parent in order to help support the needs of the child(ren). Once a parent falls behind on his or her child support payments, that parent now owes the other parent the overdue payments. This is referred to as back child support. The parent in the arrears will have to continue to make on-time payments moving forward in addition to paying back all of the missing payments.

Overview of Federal Child Support Laws

In addition to state laws, the federal judicial system also has laws that enforce payment of child support.

• The Child Support Enforcement Act of 1984 allows state attorneys and district attorneys to collect back child support on behalf of the custodial parent. They can even penalize parents who don’t pay.
• The Uniform Interstate Family Support Act allows courts in states to enforce child support orders entered in states where the children previously lived. It gives the issuing court jurisdiction regardless of which state the custodial parent and child moved.

How is Back Child Support Enforced?

Each state has a Department of Human Services (DHS) that handles issues for people, including adult protective services, economic assistance, child welfare, youth rehabilitation and, of course, child support.

While each state may have its own rules and regulations, the process for enforcing child support is similar across the board. The Department of Human Services’ role in enforcing child support includes locating those who have outstanding child support payments.

For example, New York’s Division of Child Support Enforcement will send the delinquent parent a notice that explains the support enforcement process, including a time frame for payment.

States may impose penalties for non-payment of child support, including wage garnishment, intercepting unemployment, suspending licenses, denying passports, suspending or denying professional or occupational licenses, and ordering jail time.

What is the Difference Between Back Child Support and Retroactive Child Support?

Back Child Support

Back child support is different from “retroactive child support” primarily because of the language in the child support order. If a judge orders child support to be paid by one parent to the other parent, the judge will specify the period of time that the payments will cover. For example, the child support order will begin on a specific date (e.g., May 1st) and likely last until the child(ren) reach the age of majority or are emancipated. Retroactive child support is not considered late payments and, therefore, is different from back child support.

The judge will either order prospective or retroactive child support to begin on the specified date. Prospective child support is the typical child support that is ordered and will cover the needs of the child(ren) from the start date until the specified end date. Retroactive child support is ordered to cover the needs of the child(ren) potentially from the child(ren)’s date of birth.

The start date would be the date in the order, but the amount awarded would take into account all of the months prior to the order being entered. These are not back child support payments because there is no order in place that the parent was delinquent on for them to be considered back child support payment.

Retroactive Child Support

The retroactive child support would reimburse the other parent for the child support payor’s portion of the expenses incurred since the child(ren) was born. Some states, including Georgia, allow judges to retroactively award child support for expenses incurred during pregnancy. This is state-specific and would depend on the case law in your specific state.

How Can You Know if Back Child Support is Owed?

One way to know if you owe or are owed back child support is to contact your local child support office. There will be a record of all payments made and any outstanding payments that are owed. Some states have apps or portals to check the status of child support payments. You can also contact an attorney for assistance collecting back child support or making arrangements to make up the missed payments.

How Far Back Can Back Child Support Go?

Courts will look at the specific details in the child support order to determine how far back the missing/delinquent payments go. This will determine how far back the child support payments go. Judges will count all of the payments since the start date in the order and how many of those payments were not made. Even if retroactive child support was ordered, the amount from prior to the order is not considered late payments and, therefore, not back child support. Back child support is only for payments that were ordered and then subsequently not paid.

Are There Penalties for Unpaid Back Child Support?

The penalties for failure to pay child support can include state and/or federal consequences. Some states may stop you from obtaining a license or suspend current licenses if you owe back child support. That can be a hunting license, driver’s license, etc.

Other penalties for back child support are:

• Denial of passport
• Garnishment of wages
• Property seizure
• Jail time
• Freezing bank accounts
• Seizure of tax refunds.

If, after several notices, the court can hold you in contempt, which can come with a jail sentence. Depending on the state, it may be civil contempt or criminal contempt. Jail sentences vary from state to state.

When is a Warrant Issued for Unpaid Child Support?

Every state is different in how it handles warrants and arrests based on several factors, including the amount of child support due. For example:

• Texas considers failure to pay child support a criminal offense. In most cases, the court must find you in contempt of court and will then issue a warrant. Owing more than six months or $5,000 can result in a misdemeanor. If you have not made regular support payments in two years or you owe more than $10,000, you could face felony charges.
• In California, you might receive a civil arrest warrant, a fine of up to $1,000 and five days in jail. If you continue to miss payments, you could receive more fines and up to 12 months in jail. If you owe $2,500 or more, California can enter a criminal warrant against you. If you owe $10,000 or more, you could face felony charges and up to two years in prison.
• In New York, if you don’t appear in court for a violation hearing or you fall significantly behind in support payments, the state could issue an arrest warrant. Jail time can be up to six months.

Is A Lawyer Needed for Back Child Support Payments?

Although an attorney is not required for back child support issues, they can be very beneficial for either arguing or collecting back child support payments. A child support order is an order issued by the court that must be complied with. If someone is violating that order or needs changes made to that order then an attorney is a great asset to enforce or modify the current child support order. Cordell & Cordell has helped numerous clients dispute these payments and even modify child support when circumstances have changed.

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We’re Here to Protect You

Child support can be difficult to navigate, whether you are paying or receiving it. Luckily, attorneys like those at Cordell & Cordell have years of experience handling these types of cases. We cannot only help you understand the difference between retroactive and back child support but also represent you through your case. Feel free to contact us and schedule an initial consultation to discuss your specific child support situation.

More Information and Resources

• 5 Tips For Modifying Child Support
• 3 Reasons You May Want to Consider Spousal or Child Support Modification
• Child Support
• Depository: What You Should Know – Men’s Divorce Podcast
• COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast