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Can you file for retroactive child support in Arkansas?

Arkansas courts award child support as a means of protecting a child of divorce from the financial impact of his or her parent's separation. The custodial parent or guardian is to use the money to pay for a child's most basic necessities, such as food, shelter and education, as well as additional luxuries that the child enjoyed during the marriage. When one party fails to fulfill his or her child support obligation, either an adult child or the parent of a minor child may file for retroactive child support.

According to FindLaw, you may file a petition against the noncustodial parent or a parent for child support arrearages if you are a parent who has physical custody of a minor child, are a person or agency whom has obtained physical custody of a minor child, are a minor child whose parents have relinquished you or are with the Office of Child Support Enforcement. You may also file a petition for child support arrearages if you are an adult child to whom child support was owed during your minority.

However, to be successful in your petition, you must bring the action before the child turns 18, or up to five years after his or her 18 birthday. Moreover, you must prove beyond a preponderance of evidence that the amount you claim the obligor owes you is unpaid. Backpay does not have a limit. If successful in your petition, the courts may award you the entirety of what the non-custodial parent failed to pay.

The information in this post is provided for educational purposes only. It is not intended to serve as legal advice.




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