A common concern for many people is retroactive child support. In this post we will address the different situations that give rise to possible retroactive child support obligations. The first and most common situation when one may be exposed to retroactive support is when a child is born out of wedlock. In such a situation the Uniform Parentage Act allows for child support in New Mexico to be retroactive to the date of birth of a child, subject to some exceptions.
Another situation where retroactive support arises is when one parent (usually a mother) seeks some sort of state welfare benefits. In such a situation, the mother is obligated to sign over her rights to back support to the state of New Mexico. In exchange she will receive welfare. As a result the State of New Mexico through the child support enforcement division will seek out the father and work to obtain a back child support order to recoup the benefits that were paid on behalf of the mother and the child. This often results in a very large arrearage amount to be repaid. Usually this situation results in a back support obligation hat can never be repaid.
Finally, a misnomer is when the parties are married but separated for an extended period of time. Under this situation many people, including unaware attorneys, see where back support can be ordered. This situation results in some complexities, but the general argument is that when a marriage is involved, even when the parties are physically separated for a period of time, interim division of income and expenses is a more appropriate approach than calculation of support. To learn more on how to protect yourself regarding back support contact the child support experts at the Justice Legal Group.