When you are a parent who is unmarried or divorced, it can be difficult or nearly impossible to make ends meet without financial assistance from your child’s other parent. Child support is a crucial resource for parents in Illinois and across the United States. Typically, child support is established when a child is born to unmarried parents or when married parents get divorced. However, the time between a parent seeking child support and that parent actually receiving support can be weeks, months, or even years. Fortunately, there are some cases in which child support is awarded retroactively.
Receiving Back Child Support in Illinois
There are many different situations in which a parent may be awarded retroactive child support. This means that they receive support for the time period before the establishment of the child support order. To receive child support in Illinois, an unmarried parent requesting support will need to establish the paternity of the child and file a petition for support. Establishing paternity may require the parent to file an administrative order via the Illinois Department of Healthcare and Family Services or secure an Order of Paternity with the court. An unmarried parent may be entitled to child support dating back to when the child’s father was first served with paternity paperwork. Married parents may be able to receive back child support from the date they filed a motion requesting child support.
What Do Illinois Courts Consider When Deciding to Award Retroactive Child Support?
Illinois courts have broad discretion regarding retroactive child support. When deciding whether to award retroactive support and the amount of support that should be paid, Illinois courts will consider:
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