There are many Kentucky custodial parents who rely on child support payments. They along with non-custodial parents should be aware of how back support can be requested.
When they file for child support, custodial parents can also make a request for retroactive support. Any claims that are submitted for retroactive support are required to be supported by a list of expenses for the affected child.
Custodial parents should be ready to provide proof that no support was provided by the non-custodial parent. Evidence should also be submitted that shows the custodial parent tried to obtain the child support from the other parent. Proof will have to be provided that a non-custodial father was aware of his potential paternity.
A rebuttal can be made by a non-custodial parent if he or she demonstrates that support was provided in some manner. This may entail the submission of receipts for clothing, food and additional expenses. A court has the discretion to consider other forms of support if the non-custodial parent does not have to means to provide monetary payments. For example, regular child care may be acceptable. Maintaining detailed records about child support that was provided is a necessity for non-custodial parents. In situations in which receipts are not available, non-custodial parents may offer communication records or a witness who will testify that it was provided for the child.
Child support is often a contentious part of divorce proceedings, but disputes can continue long after the marriage has ended. If a parent becomes unable to meet those obligations due to a financial downturn, an attorney could assist in seeking a modification of the original order.