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When the non-custodial parent has not made his or her payments as ordered, they are considered to be in arrears on their child support payments.

When lawyers and judges talk about retroactive child support payments, they are referring to payments that the non-custodial parent may be obligated to make, but has not been ordered to yet.

With the old law, it was not uncommon for a parent to be paying support even after a child reached adulthood if the parent owed enough in unpaid child support. "Good cause" may include a number of things, but overall involves showing the facts of the case warrant an award of past-due child support beyond the five year maximum.

However, the new law may also greatly limit a recipient parent's ability to collect unpaid support. However, a non-custodial parent has the same opportunity to demonstrate that a shorter period should be used to calculate the amount of support owed.

One way to avoid this possibility is to bring the matter before a judge quickly.

The longer you wait to get things resolved, the more likely it is that the non-custodial parent will need to pay retroactive support.

This provision is not added on at the discretion of the Court.

In any of the previous referenced scenarios, the father may ultimately be forced to respond to the mother’s decision to request a court order requiring the father to pay a fixed amount of monthly child support. In 1990, the Georgia Supreme Court addressed the issue of whether or not a mother may request that a court order the father, after paternity is established, to reimburse her for expenses that she incurred on the child’s behalf prior to the establishment of a court order. Chester) the Georgia Supreme Court affirmed a lower court’s ruling in which it granted a mother, in a paternity action, ,458.98 in pregnancy and birth-related medical expenses. A more recent Georgia case, however, has substantially narrowed the father’s financial responsibility in these circumstances. Carter, a 2010 case, the Georgia Supreme Court held that under the current Child Support Guidelines, when considering a request by the mother for reimbursement of past due expenditures incurred on the child’s behalf to include pregnancy-related medical expenses and necessaries incurred in raising the child prior to the establishment of a court order, the lower courts must now take into consideration the mother’s income.

Fathers in this predicament will oftentimes ask whether or not they will be required to pay “back child support” or “retroactive child support.” Georgia does not have a law that requires a parent in these circumstances to pay “retroactive child support.” This means that if you are ultimately required to pay child support pursuant to a court order, then the court will not necessarily require you to pay to the mother the amount of monthly child support that you may have otherwise been required to pay from the date of the child’s birth to the present.

Sometimes, an unwed father is actively engaged with the child from his or her birth, but perhaps does not provide regular, fixed-dollar amounts of financial support on the child’s behalf. Some of the Georgia trial courts interpreted the Supreme Court’s decision in Weaver v. In this case, the mother requested ,458.98 and received an order granting her all sums requested. To conclude, Georgia does not provide for “retroactive child support.” Rather, prior to the establishment of a Child Support Order, the father may be responsible for the mother’s pregnancy and birth-related medical expenses, and subsequent expenditures for necessaries incurred on the child’s behalf, only to the amount the mother actually incurred.

Sometimes, an unwed father provides substantial support to his child from the date of conception, both emotional and financial. Chester to mean that a father could be 100 percent responsible for the mother’s pregnancy and birth-related medical expenses. Matthews (a case decided approximately three years after Weaver v. In affirming the lower’s court’s decision, the Georgia Supreme Court reasoned, “that the duty to protect and maintain a child includes the duty to ensure that the child receives adequate medical care prior to and during birth.” In this case, the Georgia Supreme Court did not address the apparent unfairness in the lower court’s decision to order the father to pay for 100 percent of the mother’s pregnancy and birth-related medical expenses. Prior to ordering the father to pay for any of these expenditures, the court is required to take into consideration to both parent’s incomes.




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