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Bertin is co-chairman of the custody committee and a member of the executive committee of the family law section of the Philadelphia Bar Association.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such.

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.

1, 2006, would be

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.

1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article.

"The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.

From the point of the view of the custodial parent, it's a good idea to request back child support anyway.

If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.

||

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.1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article."The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.From the point of the view of the custodial parent, it's a good idea to request back child support anyway.If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.In determining how much the non-custodial parent would be required to pay for retroactive child support, the Court will consider the non-custodial parent's income at the time period in question.If he or she was working in a low-paying job at that point and is now earning significantly more, the child support will be based on the lower-paying work, not the current rate of income. After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month. Section 4352(e), "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reasons and if the petitioner, when no longer precluded, promptly filed a petition." The recent Pennsylvania Superior Court case of , a child support case, the parties - who were married on Aug. 20, 1996, and subsequently divorced - are the parents of three minor children.This case reiterates the importance of the continuing obligation that parties in a support action have to report to the court and the opposing party any significant changes in circumstances and income that occur on an ongoing basis.Krebs reinforces that if a party's income fluctuates substantially, and that party does not report such a change to the opposing party, the non-reporting party will be deemed to have unclean hands and his or her failure to inform the other party will be viewed as a misrepresentation, and as long as the uninformed party petitions the court promptly upon discovering the concealed change in income, the court may retroactively modify the support order prior to the filing of the petition to modify.The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding 0 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article.

"The hearing officer recommended that Father pay retroactive monthly child support payments as follows:

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.

1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article.

"The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.

From the point of the view of the custodial parent, it's a good idea to request back child support anyway.

If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.

||

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.1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article."The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.From the point of the view of the custodial parent, it's a good idea to request back child support anyway.If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.In determining how much the non-custodial parent would be required to pay for retroactive child support, the Court will consider the non-custodial parent's income at the time period in question.If he or she was working in a low-paying job at that point and is now earning significantly more, the child support will be based on the lower-paying work, not the current rate of income. After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month. Section 4352(e), "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reasons and if the petitioner, when no longer precluded, promptly filed a petition." The recent Pennsylvania Superior Court case of , a child support case, the parties - who were married on Aug. 20, 1996, and subsequently divorced - are the parents of three minor children.This case reiterates the importance of the continuing obligation that parties in a support action have to report to the court and the opposing party any significant changes in circumstances and income that occur on an ongoing basis.Krebs reinforces that if a party's income fluctuates substantially, and that party does not report such a change to the opposing party, the non-reporting party will be deemed to have unclean hands and his or her failure to inform the other party will be viewed as a misrepresentation, and as long as the uninformed party petitions the court promptly upon discovering the concealed change in income, the court may retroactively modify the support order prior to the filing of the petition to modify.The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

,807.00 from 1/01/01 - 12/31/01; ,074.00 from 1/1/02 - 12/31/02; ,955.00 from 1/1/03 - 12/31/03; ,007.00 from 1/1/04 - 12/31/04; and ,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of

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.

1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article.

"The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.

From the point of the view of the custodial parent, it's a good idea to request back child support anyway.

If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.

||

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.1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article."The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.From the point of the view of the custodial parent, it's a good idea to request back child support anyway.If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.In determining how much the non-custodial parent would be required to pay for retroactive child support, the Court will consider the non-custodial parent's income at the time period in question.If he or she was working in a low-paying job at that point and is now earning significantly more, the child support will be based on the lower-paying work, not the current rate of income. After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month. Section 4352(e), "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reasons and if the petitioner, when no longer precluded, promptly filed a petition." The recent Pennsylvania Superior Court case of , a child support case, the parties - who were married on Aug. 20, 1996, and subsequently divorced - are the parents of three minor children.This case reiterates the importance of the continuing obligation that parties in a support action have to report to the court and the opposing party any significant changes in circumstances and income that occur on an ongoing basis.Krebs reinforces that if a party's income fluctuates substantially, and that party does not report such a change to the opposing party, the non-reporting party will be deemed to have unclean hands and his or her failure to inform the other party will be viewed as a misrepresentation, and as long as the uninformed party petitions the court promptly upon discovering the concealed change in income, the court may retroactively modify the support order prior to the filing of the petition to modify.The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

,400 per month on his total arrears of ,203.49 in addition to his support obligation of

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.

1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article.

"The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.

From the point of the view of the custodial parent, it's a good idea to request back child support anyway.

If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.

||

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.1, 2006, would be $1,910 plus medical insurance coverage and 60 percent of the medical expenses exceeding $250 per year, per child, and that Father's monthly net incomes had increased to the specific monthly figures stated previously in this article."The hearing officer recommended that Father pay retroactive monthly child support payments as follows: $1,807.00 from 1/01/01 - 12/31/01; $2,074.00 from 1/1/02 - 12/31/02; $2,955.00 from 1/1/03 - 12/31/03; $3,007.00 from 1/1/04 - 12/31/04; and $2,769.00 from 1/1/05 - 12/31/05." The court entered an interim order that included an arrearage payment of $1,400 per month on his total arrears of $80,203.49 in addition to his support obligation of $1,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.From the point of the view of the custodial parent, it's a good idea to request back child support anyway.If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.In determining how much the non-custodial parent would be required to pay for retroactive child support, the Court will consider the non-custodial parent's income at the time period in question.If he or she was working in a low-paying job at that point and is now earning significantly more, the child support will be based on the lower-paying work, not the current rate of income. After Mother initially filed a support action in July 1997, the court issued a support order on April 8, 1998, obligating Father to pay Mother child support in the amount of $1,474.33 per month. Section 4352(e), "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reasons and if the petitioner, when no longer precluded, promptly filed a petition." The recent Pennsylvania Superior Court case of , a child support case, the parties - who were married on Aug. 20, 1996, and subsequently divorced - are the parents of three minor children.This case reiterates the importance of the continuing obligation that parties in a support action have to report to the court and the opposing party any significant changes in circumstances and income that occur on an ongoing basis.Krebs reinforces that if a party's income fluctuates substantially, and that party does not report such a change to the opposing party, the non-reporting party will be deemed to have unclean hands and his or her failure to inform the other party will be viewed as a misrepresentation, and as long as the uninformed party petitions the court promptly upon discovering the concealed change in income, the court may retroactively modify the support order prior to the filing of the petition to modify.The Court will only make an order for retroactive child support if the custodial parent requests it.This provision is not added on at the discretion of the Court.An example of this type of order is a situation where the Court orders that child support needs to be paid from the date of separation, even though the actual order may not have been signed for several weeks or months.In the case of parents who are not married at the time of the child's birth, the non-custodial parent may be required to pay support from the day the child was born.

,910 per month. Section 4352(a.1), "Father's increased income would have been considered." The Superior Court found that the trial court's reasoning impermissibly placed the burden on Mother to seek automatic review of the support order on the three-year anniversary of the order "on the chance that Father's changed circumstances might be revealed." The Superior Court found that the plain language of the statute does not support said reasoning and stated: "The fact that the statute entitled Mother to automatic review of the 2001 support order did not impose upon her any affirmative duty to request automatic review in 2004.

From the point of the view of the custodial parent, it's a good idea to request back child support anyway.

If the non-custodial parent has not previously been ordered to pay child support, the judge may include this provision in the child support order.




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