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When a custodial parent can seek back child support

When California custodial parents are seeking child support, they may have the grounds to seek back child support for the past cost of the child's care. However, it should be noted that the custodial parent will have to provide evidence that demonstrates that the noncustodial parent has not assisted with the past care of the child.

In order to establish a claim, the custodial parent must have proof that the noncustodial parent did not pay the child support he or she were ordered to. The custodial parent must also have evidence that he or she attempted to collect the child support the noncustodial parent owed and that these efforts were not successful. Finally, if the non-custodial parent is the child's father, there must be proof of paternity.

The custodial parent can seek back pay for some of the costs of raising the child. For example, the custodial parent can use receipts for clothing, healthcare, food and other costs that are directly associated with the child in question. Depending on a variety of factors, the judge may determine that ordering the non-custodial parent to pay back child support is appropriate, though it is not always automatic.

There may be certain cases where a judge may not order a noncustodial parent to pay back child support. For example, the judge may take the noncustodial parent's financial situation and whether he or she has provided regular child care in the past. However, if this does not apply and the noncustodial parent has been absent, a family law attorney may request back child support payments for the custodial parent.

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