Can I Receive Retroactive Child Support in Illinois?

 Posted on October 30, 2025 in Child Support

Child support is meant to ensure that children have money for basic expenses, even when their parents no longer live together. But what happens if one parent has not paid support for months or even years? Can the other parent go back and recover what should have been paid? In Illinois, the answer depends on the specific circumstances of the case.

At The Law Office of Nicholas W. Richardson, P.C., our Barrington child support attorney works with parents to get the child support they need, even when it is not easy. If you are wondering whether you can get back paid child support, talk to us today and let us help.

What Does Retroactive Child Support Mean?

Retroactive child support refers to payments owed before a Court enters an official support order. For example, if a parent filed for support in January but the Court did not finalize the order until July, the judge could make the paying parent cover the six months in between.

Retroactive support is not the same as unpaid or delinquent support (also called "arrears"). Arrears accumulate after the Court issues a support order and the paying parent still does not pay. Retroactive support covers the period before an order was entered.

When Can a Parent Ask for Retroactive Child Support?

Parents can usually seek retroactive child support in three main situations. 

When a Petition Was Filed but the Case Was Delayed

The most common reason for retroactive child support is when the custodial parent filed for support, but the case was delayed. In these cases, the Court may decide that the paying parent will start making payments from the date the petition was first filed, rather than the date the final order was entered. This prevents a parent from avoiding child support because of administrative delays.

When Paternity Was Not Established Right Away

Another common situation involving child support non-payment is when paternity was not confirmed when the child was born. In Illinois, once a person is legally recognized as a child’s father, the Court can order him to pay child support from the date of the child’s birth. This often happens when a mother has paid all child-related expenses alone for several years before a paternity judgment.

When There Are Modifications to an Existing Order

Retroactive support can also apply when one parent asks to make changes to an existing support order. If there has been a significant change in circumstances, the Court can make the new payment amount effective from the date the petition was filed. 

If you are wondering whether you could be eligible for retroactive child support, the first thing you should do is talk to an experienced attorney who understands how these cases work. 

How Does a Court Decide Whether to Order Retroactive Child Support?

When determining whether to award retroactive child support, Illinois Courts look at several important factors. The judge must be fair to both parents while looking out for the child’s best interests. Some of the most important factors include:

• Whether the parent asking for child support tried to get it earlier.

• Whether the paying parent knew he was the child’s parent and did not pay voluntarily.

• Each parent’s finances during the period in question.

• The amount of time that passed before the petition was filed.

• Whether one parent intentionally avoided or delayed legal proceedings.

For example, if a father knew he had a child but provided no child support for several years, the Court could order him to pay retroactive support back to the date of the child’s birth per 750 ILCS 46/802. On the other hand, if the mother never asked for child support or hid the child from the father, the Court might decide not to order retroactive payments. 

Can I Receive Retroactive Child Support If We Just Got a Paternity Order?

When paternity is established through DNA testing or voluntary acknowledgment, the Court may issue an order for back support. The judge will consider whether the father knew or should have known about the child and whether he avoided paying support on purpose. The Court also looks at the financial needs of the mother and the child.

A father who was unaware of his child’s existence may not be held responsible for retroactive support before he learned of the child. However, once he knows and chooses not to contribute, the Court can order reimbursement for past care.

How Long Do I Have to Ask for Retroactive Child Support?

While there is no strict statute of limitations on child support in Illinois, the Court expects parents to act promptly once they realize support has not been paid. Retroactive claims become more difficult to prove as time passes.

If paternity has never been established, a parent can file for child support until the child’s 18th birthday. Under certain circumstances, this can be extended if the child’s college expenses are a concern. However, the longer a parent waits, the less likely the Court will go all the way back to the child’s birth. Acting quickly is always in the child’s best interests.

What If the Father Hid Income to Avoid Paying Child Support?

When one parent intentionally hides income to avoid paying child support, the Court is authorized to take decisive action. Judges can decide to order retroactive support back to the time when the father started hiding his income. They may also order penalties, including fines or contempt of Court charges.

Illinois law allows Courts to "impute" income, which means assigning a reasonable income to a parent who is purposefully not working or making less money than he could. The Court can base its decision on employment history, education, and how much he could be making, rather than just his reported income.

Contact a Barrington, IL Child Support Lawyer

Parents who shoulder the financial burden of raising a child on their own deserve help. If your co-parent is way behind in child support, you may have the right to pursue the missing payments. To schedule your free consultation, contact an Inverness, IL child support lawyer from The Law Office of Nicholas W. Richardson, P.C. today by calling 847.873.6741. Our team will explain your options and fight for a fair outcome.