Do I Need to Worry About Retroactive Child Support in my Paternity Case? 

Here is a question often asked by fathers seeking information in paternity or legitimation cases. Can mothers get retroactive child support?

The short answer is no.  Georgia child support laws only allow for the prospective award of child support.  That means only after a paternity or legitimation case is filed can an award of child support be established.

The same is true for a modification of child support.  Child support cannot be retroactively modified.  It may only be modified by court order.  Thus, it is crucial to bring a case to modify child support as soon as there are grounds to do so.

Necessity Expenses

However, in a paternity or legitimation case, the mother may be awarded what are known as “necessity” expenses that she has actually incurred for the child’s protection, maintenance, and education.  (O.C.G.A. 19-7-24.)

The Appellate Court of Georgia in Weaver v. Chester, 195 Ga. App. 471 (1990) established this principle that the mother may be awarded those expenses actually incurred for the child after paternity is established. These expenses must be proven, so keeping receipts, bank, and credit card statements is imperative. These include medical costs for the birth, medical expenses for the child, food and clothing for the child, rent or housing, education for the child, etc.

At one time, the court was empowered to award 100% of these expenses to the mother against the father.  (Coxwell v. Matthews, 263 Ga. 444 (1993).)  Since then, the law has been narrowed by the Appellate Court of Georgia decision in Smith v. Carter, 305 Ga.App.479 (2010) and subject to re-assessment by the Georgia Supreme Court. It now requires the court to consider both parents’ incomes when awarded back reimbursable or necessity expenses in paternity and legitimation cases.

What You Need to Know About Paternity and Legitimation Cases

Retroactive child support is not available in Georgia. Neither is the retroactive modification of child support, though there may be nuanced exceptions. But back necessity expenses for medical expenses of the birth, food, clothing, education, shelter, and more for the child, that the mother actually incurred, are awardable back to in before the child’s date of birth.  This can add up to tens of thousands of dollars or more.  Mothers may also be awarded attorney’s fees, depending on the facts in the case, from the father.

The Next Steps

If this is your experience, you’ll want to talk to an experienced family law attorney right away who can provide you with clarity, answers, and a plan of action moving forward. 

We are Georgia divorce and child custody attorneys. This is all we have done since 1995. We can help. If you need help or have any questions, we would be happy to speak with you via email, text, or phone. Check us out at www.shawlaw.com

Scott Shaw
Shaw Law Firm, P.C.
(770) 594-8309 (phone)
(678) 522-4799 (text)
[email protected]