In Massachusetts when there is a Retroactive Child Support Issue in a Case when there is a not a Current Child Support Order.

In Massachusetts if child support has never been ordered then whether it is retroactive support will depend in large part about whether the child was born during the marriage or out of wedlock. There is a presumption in Massachusetts that married couples will support each other and the children and therefore child support can only be requested in the divorce case after the date of service of the Complaint for the Divorce unless some very limited circumstances such as the parties voluntarily agree otherwise.

However, in Massachusetts if the child is born out of wedlock which is considered a paternity type of a case retroactive child support maybe owed.  Particularly, if they are showing that the parent has not been supporting the child and not living with the child. Retroactive child support can go all the way back to a child’s birth; even if a case has not been filed until the child is much older. This can be difficult to determine the amount, but it can end up being a significant child support back order.