Summer Lovin' Series #8: The DOR is requesting past child support. Can they do that?
In a Divorce case, a custodial parent cannot receive any child support for time prior to the filing and service of the Complaint. This is because there is a presumption that the parents lived together and shared income until the case was filed.
In a Paternity case there is no such presumption and DOR or a custodial parent can request child support arrears dating all the way back to the birth of the child. There are a number of factors that the Court can consider in determining the amount of and the appropriateness of a child support arrearage and you should consult with an attorney to discuss these factors, especially since this can often be a very significant amount of money.
Kelsey & Trask, P.C. is now offering flat fee representation at DOR support hearings for a flat fee of $750 in most cases. For teen parents under the age of 18, Kelsey & Trask, P.C. offers free representation for DOR support hearings.
For more information visit our webpage devoted specifically to DOR hearings.