San Jose parents who are seeking a child support order as part of their divorce may want to file a claim for retroactive support. It will not be granted automatically, however. They might need to include documentation such as a list of expenses, proof that the support is owed, and proof that the custodial parent has made an effort to collect support.
If noncustodial parents have receipts that prove they have paid the support, they should submit them. They may have not paid support but helped provide the child with necessities. If they do not have receipts, there might be communication records that prove this support. They may even get a witness who can state that they have provided support.
A court may consider whether the parent has the ability to pay back support. It may also take into consideration whether the parent has provided support in a non-monetary capacity such as through child care.
Negotiating issues around children may be one of the most difficult parts of a divorce. Both parents may find it difficult to relinquish time with their children, but they should keep in mind that any decision they make should be in the best interests of the child. Generally, children adjust better to divorce when they have time with both parents and when there is less overt conflict between parents. A custodial parent is not permitted to refuse the noncustodial parent access to the child because that parent has not paid child support. Noncustodial parents might become disabled or suffer a loss of income for some other reason that results in the inability to keep up with child support payments. In such a case, they should apply for a modification in support due to changed circumstances.