Omaha, NE asked in Family Law and Child Support for Nebraska

Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't guaranteed this effective date as there often has to be a showing that the person can afford the retroactive support. Further, if the party has been doing other things to help support (purchasing some clothes, shoes, etc.), the Court may decline to order any retroactive child support. Long story short, if you think you may be entitled to increased child support, you should file the action now.

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