Originally Posted by GV70
"Retroactive support" is a support amount established for a time period before the start date (or effective date) of a child support obligation. The start date is the date when the first payment is due. Support that is effective on or after the start date is considered to be "ongoing support". A retroactive support amount is owed to the state when clients assign their rights to support to the state when they receive Public Assistance for their children. A retroactive support amount is owed to the client if CSE establishes a support amount based on the NCP’s fair share of specific expenses that were incurred by that client for the child(ren) prior to the start date of the support obligation, or by establishing an amount pursuant to the guidelines for the time period for which support is sought.
Since June 30, 1975, acceptance of Public Assistance on behalf of a child creates a debt due and owing the state. Under the authority of 110-135, if child support was required to be paid for a period when Public Assistance was received, that support is owed to the state. CSE must address retroactive support owed to the state if Public Assistance was received for a child whenever an ongoing support obligation is being established.
If an ongoing obligation is not established, CSE does not pursue retroactive support owed to the state. (For example: The court establishes paternity but does not order ongoing support because the NCP is 17 years old and in school, or the client and NCP reunite after the establishment process has begun and no ongoing support is established. In these situations, an obligation for retroactive support that is owed to the state should not be established.) If ongoing support is established at a later date and the statute of limitation has not been reached, CSE addresses the establishment of retroactive support owed to the state.
Retroactive support is owed to the state for a time period prior to the start date of the order because Public Assistance was paid on behalf of the child. When clients receive Public Assistance, they assign their rights to support to the state. Because of the legal principles of "res judicata" and "collateral estoppel", CSE must address the issue of retroactive support owed to the state when establishing child support obligations.