Similarly, overpayment occurs when the payer exercises extra parenting time and waits a long time to petition to reduce support accordingly.
Backdating child support
This is what is known as “retroactive” child support order; it strives to address in the present, those circumstances that existed in the past.
For example, if the court originally made a child support order based on incorrect assumptions as to the paying parent’s income level, and it is later revealed that his or her income was higher during that time relevant period, then the court may see fit to make an order today, that more accurately reflects the parent’s past child support obligations for that period.
” My research tells me that, as a general rule, the answer to that question is ‘”No.” Overpayment of child support is not typically subject to retroactive modification.
However, there are some minor exceptions to this rule.
What does paternity have to do with back (retroactive) child support?
In Ohio, Paternity MUST be established before a court or a child support enforcement agency can make a child support order.When a child maintenance amount has already been worked out, the person named as the parent has to pay until they can provide evidence they’re not the parent.When the amount hasn’t been worked out, the service managing the case won’t work it out or ask for payment until the disagreement has been sorted out.Retroactive child support is not always ordered by the Court, even when the custodial parent requests it.One way to avoid this possibility is to bring the matter before a judge quickly. She said the 'rude' letters from the CSA demanding cash had left him 'in despair' over fears he would not be able to afford the payments to support her and pay the mortgage'But we agreed to discuss the matter when I got home and I wasn't very worried.