Our Team’s Commitment To Excellence:
Leading Legal Services In New Jersey And New York

Is retroactive child support possible in New Jersey?

On Behalf of | Aug 21, 2024 | Family Law

As a parent, providing for your child’s needs is always a priority. However, doing so could be demanding when you are the custodial parent and shouldering the weight of caring for your child alone. The lack of financial support from the other parent could leave you feeling frustrated, anxious and overwhelmed. But what if you could reclaim some of that lost financial stability?

In New Jersey, child support orders can only take effect prospectively. This means that custodial parents cannot demand retroactive support or payment for the time before filing a child support petition. However, it is different for unpaid child support.

Seeking unpaid child support

In New Jersey, there is no statute of limitations for enforcing child support arrears. This means that if the other parent failed to pay support in the past, you can still seek payment for those missed payments regardless of how much time has passed.

The court may order back child support for the other parent’s accumulated unpaid obligations. This includes payments that were owed under a previous child support order. By seeking back child support, you can hold the other parent accountable for their past failures to pay, ensuring that they take responsibility for their financial obligations.

Taking back control

Pursuing back child support is not just about seeking financial compensation – it is about taking back control of your life and securing a better future for your child. You may be seeking back support to pay off debt, cover medical expenses or simply provide a more stable financial foundation for your family. Whatever your reason, knowing your rights and options is the first step toward reclaiming what is rightfully yours.

While retroactive child support is not allowed in New Jersey, you still have options to seek unpaid support. Do not let the struggles of the past define your future. Seek the help you need to move forward.

How not to act during your divorce

Divorce is never easy. Even when you and your spouse agree it’s the best decision and maintain a mutual respect and amicable relationship with each other, you are still likely to experience emotions such as sadness, guilt or a sense of failure. These emotions are...

read more

Child support payments in New Jersey

If you are going through a divorce or separation, you may wonder how child support payments are calculated. Child support payments are determined by the New Jersey Child Support Guidelines, which are based on the income shares model. The Guidelines use a series of...

read more

Summer custody and its challenges

Divorced or separated New Jersey parents may face custody challenges during their first summer apart. New Jersey courts assume that a shared custody schedule is in a child’s best interest, but sometimes that is not practical during the school year. Therefore, it is...

read more