Q: Can a new (first time) child support court order request funds for previous years of non-support?
Unwed couple; 1 child, now 11 years old. Father (name on birth certificate) has not been allowed visits for 9 yrs; Mother did not accept any financial assistance. No issues have been addressed in Family Court.
Mother now married another and is asking for financial support in exchange for visitation - still not being addressed in Family Court.
If a court-ordered child support plan is initiated, can the court order that financial support for previous years be paid retroactively? Or, does the order only cover future support payments? Trying to decide how to proceed with this matter. I understand that Child Support and Visitation are separate issues in the eyes of the court.
A: Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.
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