Law Offices of John A. Guthrie
925-271-4342
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
 925-271-4342

Comprehensive Solutions to Difficult Family Law Issues

  1. Home
  2.  – 
  3. Child Support
  4.  – 
  5. When a custodial parent can seek back child support

When a custodial parent can seek back child support

On Behalf of Law Offices of John A. Guthrie | Aug 1, 2017 | 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.

Categories

Archives

Recent Posts

  • What can you do if you’re accused of domestic violence?
  • How is business valuation handled in divorce?
  • How does remarriage affect spousal support obligations?
  • How do holidays impact child custody arrangements?
  • How does a prenuptial agreement affect divorce in California?

Arrange A Consultation Today

Law Offices of John A. Guthrie
Pleasanton

239 Main Street
Suite H
Pleasanton, CA 94566

  Pleasanton Law Office
Danville

4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

  Danville Law Office
Phone Number
925-271-4342
  • Follow
  • Follow

© 2026 Law Offices of John A. Guthrie • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us