Retroactive Child Support in Maryland and D.C.
Retroactive child support is child support that is awarded for a period of time predating the child support order (i.e. child support payments for the past). Retroactive child support is applicable in both initial child support requests and any subsequent modifications. The laws regarding retroactive child support are different in each state, so it is important to understand what you can and cannot request from the Court.
Retroactive Child Support in D.C.
“In the District of Columbia parents have an unqualified obligation to contribute to the support of their children.” Burnette v. Void, 509 A.2d 606, 608 (D.C. 1986). Child support is a right which belongs to the child. Pursuant to D.C. Code § 16-916.01(v), a judicial officer may award support for a period not to exceed the 24 months preceding the filing of the petition or request for child support. This means that in D.C., a judge may award you retroactive child support to up to two years before when you initially file. In certain special circumstances, a judge may even award retroactive child support beyond the two-year time frame, but only when the parent with the duty to pay support has acted in bad faith or there are other extraordinary circumstances.
In Hight v. Tucker, the D.C. Court of Appeals held that a father who had no legal responsibility to support the child (i.e. paternity had not yet been established) was still required to pay child support retroactively. Hight v. Tucker, 757 A.2d 756, 761 (D.C. 2000). A child has the right to child support and “the legal status of [the child’s] caretaker has no impact on that right.” Id.
Retroactive Child Support in Maryland
In Maryland, the Court may award retroactive child support only to the date of filing the request (either through a complaint for divorce, custody, or solely child support, or any request for modification thereto). M.D. Code, Family Law, § 12-101. This is an important consideration in deciding when to file your request for child support. You will likely not be entitled to any support prior to that date. Similar to D.C., child support is the right of the child and cannot be waived by the parents. “In the case of a child, the obligation of the [parent] to support, imposed by law, cannot be bargained away or waived.” Zouck v. Zouck, 204 Md. 285, 298-99 (1954).
How is Retroactive Child Support Calculated?
In Maryland and D.C., retroactive child support is calculated in roughly the same manner. Retroactive child support is calculated using the parties’ pre-tax income and childcare expenses and the physical custody/visitation arrangement at the time child support should have been paid. The Court will input these numbers into the child support guidelines calculation for their respective jurisdiction. The guidelines calculation will output a monthly child support amount. This number will be multiplied by the number of months for which outstanding child support was owed. The payor may receive credit for amounts previously paid.
Do you have further questions about your claim for retroactive child support? If so, please contact the Markham Law Firm team at 240-396-4373.