Child support plays an important role in ensuring the well-being and financial stability of children when their parents are no longer together. In Missouri, both parents have a legal obligation to financially support their children, regardless of their marital status or living arrangements.
But what happens if you never filed an official child support order? Can you still get back the support you were entitled to?
The short answer is no – you cannot get back child support if you never filed anything at all in court. However, this doesn’t mean you’re out of options. If you decide to file for child support now, you may still have the ability to collect some back child support under Missouri law.
Let’s dig into the details of how child support works in Missouri, why timing matters, and what steps you can take to ensure your child receives the financial support they deserve.
The Basics of Child Support in Missouri
In the simplest terms, child support refers to the financial assistance that a non-custodial parent provides to help cover the costs of raising their child.
The amount of support is determined by state guidelines, which take into account factors such as each parent’s income, the number of children involved, and the custody arrangement.
Child support is established through a court order, which legally obligates the non-custodial parent to make regular payments. Without this court order, there is no legal mechanism to enforce or collect child support payments.
Child support is not a punishment or a penalty – it’s a way to ensure that both parents are contributing to their child’s upbringing. Missouri law recognizes that every child has a right to financial support from both parents, and this obligation continues even if the parents were never married or have ended their relationship.
What Happens If You Never Filed for Child Support?
There are various reasons why a parent might not have filed for child support initially. Maybe you had an informal agreement with the other parent, or perhaps you weren’t aware of your right to seek support.
In some cases, a parent may have been hesitant to go through the legal process or had concerns about the potential impact on their relationship with the other parent.
Regardless of the reasons, it’s important to understand that without a formal court order, there is no legal obligation for the non-custodial parent to pay child support. While they may have a moral obligation to support their child, there is no legal mechanism to enforce this without a court order.
But even if you haven’t filed for child support yet, you may still have options. Under Missouri law, you can generally collect child support until the child reaches age 18. There are also exceptions that allow for filing beyond this age, such as if the child is physically or mentally incapacitated. Each family’s situation is different, so it’s important to consult with a family law attorney to understand your options.
What is Retroactive Child Support?
Retroactive child support, also known as back child support, refers to payments that cover a period before a formal child support order was established.
In Missouri, the law (RsMo Section 210.841.7) allows for retroactive support. Here’s how it works: If you file a petition for child support, the court can order the other parent to pay support retroactively back to the date you filed that petition.
When deciding on retroactive support, the court uses the same guidelines they use for regular, ongoing support. They’ll look at factors like both parents’ incomes, the amount of time each parent spends with the child, and the child’s needs. The court starts with a presumed amount based on these guidelines, but they can adjust it if they believe there’s a good reason to do so.
How to Seek Retroactive Child Support in Missouri
If you believe you are entitled to retroactive child support, the first step is to open a child support case. This can be done by contacting the Missouri Department of Social Services. Our experienced child support lawyers at Raza Family Law Solutions can guide you through this process and help you understand your rights and options.
Remember, the sooner you file for child support, the sooner you can start receiving payments. When seeking retroactive support, you’ll need to provide evidence demonstrating the other parent’s failure to provide adequate financial assistance.
This may include records of expenses related to the child’s care, such as medical bills, school fees, or daycare costs. Our team can help you gather and present this information in a compelling manner to strengthen your case.
Establishing Paternity and Retroactive Support
For unmarried parents, establishing paternity is an important step in the child support process. In Missouri, if the parents were married when the child was born or conceived, the husband is presumed to be the father. However, for unmarried parents, paternity must be established either through a voluntary acknowledgment or a court order.
If paternity is established later in the child’s life, it can impact the availability of retroactive support. In general, support can only be ordered from the date paternity was legally acknowledged. However, there may be some exceptions where you can collect child support from birth in a paternity case as both parents are required to assist in paying medical expenses from the birth of the child and “necessaries” since the child was born.
Get Help With Child Support Today
If you’re a parent who wants to establish child support, remember that it’s never too late to take action. While you can’t get back payments for periods before filing, you can secure support for your child going forward.
Our family law attorneys at Raza Family Law Solutions are here to help you understand your situation and guide you through the process of seeking the support your child needs.
Don’t wait any longer to get the support you and your child deserve. Contact Raza Family Law Solutions today to schedule a consultation with one of our team.
