Rule 509.Retroactive support

The presumption. In a new support action, retroactive support is presumed at 6 months before the date of filing, and whoever wants more or less carries the burden. It may never reach back more than 24 months before filing, and it cannot predate the resolution of an earlier action in which the same petitioner declined current support or failed to appear.

The window recognises two truths at once. A child needed support before the paperwork was filed; and a parent should not be handed a bill for years they had no notice of.

What the court weighs. The totality of the circumstances. That the value of direct, in-kind or other support given happens to be comparable to the Formula figure is not conclusive.

On the paying parent's side: their ability to pay; whether they were aware of the possible parentage; whether they have other children to support; whether they avoided service of process; whether they meaningfully contributed financially or in kind, and whether those contributions were realised in the child's primary residence; and whether they were incarcerated, institutionalised, hospitalised or otherwise involuntarily out of the workforce.

On the other side: whether the party seeking support exercised due diligence in pursuing legal remedies, made requests for help that went unheeded, or took on debt to make up for the absent support. The court also considers the children's special financial needs, whether the parents' finances were intermingled, and whether there was a formal or informal support agreement and whether it was honoured.

Reading the two lists together, the question is really who let the time pass and why. A parent who hid from service is treated differently from one who never knew the child was theirs.

Exclusions. Retroactivity before the filing date is not awarded for a period of incarceration, subject to the exceptions in Rule 501, or for a period of foster care placement.

Paying it back. Retroactive support is repaid at 20% of the most recent current support calculation, but not less than $20, where current support is ongoing; where it is not ongoing but the children live with the obligated parent; or where it is owed to the State. Where all arrears are assigned to the State and the person has other support accounts owed to individuals or other states, the State's share is repaid at $20 a month, leaving room for the private obligations.

Genetic test costs are repaid at $20 a month on top of any other term. Otherwise repayment approximates what would have been due had current support been running; a calculation for that purpose uses the obligated parent's income alone with a 50% primary share, increased by 20% to simulate an arrears payment. Deviation is possible by agreement, on repeated contempt for nonpayment, or for good cause.