When California parents who are going through a divorce request child support, they may be able to also successfully ask for retroactive child support. This is the support that helps to cover expenses paid by the custodial parent while the non-custodial parent was not providing assistance. This is not always granted even if child support is ordered, and there are a number of things that they must prove to be able to obtain retroactive support.
One of the first things that they will need to do is to demonstrate that there is a need for back child support, and this is done by showing expenses related to raising the child. People will also need to show that they sought support from the parent and that the parent of the child was aware of these obligations but did not meet them.
To receive back support, they will also need to demonstrate that the other parent of a child was not providing support of any kind. Giving a parent money is only one type of support. If the non-custodial parent bought clothing or food for children or paid for other expenses, such as school supplies or medical bills, it will count as having provided support for the child.
Just because parents have been awarded support by the court, it does not always mean that they will get the money that they are owed. If there is a failure to pay child support, there are a number of legal options available to help pressure non-custodial parents to make the payments they owe. In some cases, a divorce attorney could file a motion with the court requesting a wage garnishment.