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How far back can retroactive child support go in Virginia?

On Behalf of | Jan 21, 2025 | Divorce |

Sometimes, parents need to address child support for periods before the issuance of a formal order. The name for this arrangement is retroactive child support. Understanding the rules for this provision can help parents plan and manage their responsibilities. 

What to know about retroactive child support

In Virginia, courts can award retroactive child support if one parent provided financial support while waiting for an official order or if the other parent failed to contribute during that time. This payment helps cover the costs of raising a child, such as food, clothing, education, and medical expenses.

However, retroactive support is not automatic. A parent must provide evidence showing the need for the payments. This evidence can include proof of expenses or records showing a lack of financial contribution from the other parent during the specific period. Additionally, the court does not retroactively modify orders.

How far back retroactive child support can go in Virginia

In Virginia, retroactive child support can typically only go back to the date when a parent or guardian filed the petition for child support. Therefore, if a parent files for support in March and the court issues an order in June, the court can order payments starting from March. However, the court might also consider other factors, such as whether a parent supported the child before filing the petition.

In some cases, a court can order retroactive payments for a longer period if a parent can prove the child’s needs were not met. Courts will review the evidence and decide based on the best interests of the child. 

Reviewing these rules and one’s circumstances can help parents navigate child support decisions more confidently. As a result, parents can ensure children have sufficient financial support

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