Can I Get Retroactive Child Support in Illinois?

 Posted on July 14, 2026 in Child Support

It is possible to get retroactive child support in Illinois. However, how far back it can go depends on your situation. Illinois courts handle retroactive child support differently depending on whether parents were married, whether a child support order already exists, and when the case was filed.

A DuPage County, IL child support attorney can help you understand what applies to your circumstances and how to pursue what you're owed in 2026.

When Does Illinois Allow Retroactive Child Support?

In most cases, a new child support order can be made retroactive to the date the case was filed. If not, the date the other parent was served with papers may be used. Going back to a period before the case was filed is only possible in certain situations.

For parents who were married and are now divorcing, child support is typically set from the date of filing. The court generally will not order support for a period before the case was filed.

The situation is different for unmarried parents who never had a court order. The Illinois Parentage Act (750 ILCS 46/802) gives courts the authority to order child support going back to before the case was filed. A court may order support dating back as far as the child's birth. Whether a court will do so is determined on a case-by-case basis.

How Far Back Can Child Support Go in Illinois?

The court considers several things when deciding how far back child support should go for unmarried parents. These include:

• Whether the paying parent knew about the child's birth

• Whether they were willing to help raise or support the child before the case was filed

• Whether the other parent tried to inform them of the child's needs or seek their help

• Why the case wasn't filed sooner

• Whether ordering retroactive support would be unfair to the paying parent given the delay

If the parents never lived together, courts may order support back to the date of the child’s birth. This is not guaranteed, but it sometimes happens based on the individual case. If the parents lived together before separating, the court may consider when they separated, along with the other circumstances of the case, when deciding how far back support should extend.

For existing orders that need to be modified, retroactive support will not go back so far. A modified child support order can only go back to the date the modification petition was filed (750 ILCS 5/510). It does not go back to the date when circumstances actually changed. This is an important reason not to delay. Every month a parent waits to file for modification is a month of support they cannot recover.

What Happens if Child Support Was Ordered but Never Paid in Illinois?

Unpaid child support is a serious legal matter. Child support is one of the few debts that generally cannot be discharged in bankruptcy under federal law.

Unpaid child support is called an arrearage. There is no statute of limitations on collecting child support arrears in Illinois. This means a parent can pursue overdue payments no matter how much time has passed. Arrears also accumulate interest. Unpaid child support accrues simple interest under Illinois law, increasing the total amount owed over time.

Illinois has several enforcement tools available for the receiving parent to collect unpaid support. These include wage withholding, interception of state and federal tax refunds, suspension of a driver's license or professional license, and contempt of court proceedings. Contempt findings can result in fines or jail time for parents who willfully refuse to pay.

If you are owed back child support, it is often worth pursuing, especially if the amounts go back years. If you are the parent who owes arrears, speak with an attorney about your options. In some cases, it may be possible to negotiate a payment plan or address errors in how the amount was calculated.

Call a Plainfield, IL Child Support Attorney Today

Retroactive child support questions have important implications for both the receiving and paying parent. Our DuPage County, IL family lawyers can help answer them.

The Law Offices of Robert F. Kramer, Ltd. has two lawyers with over 40 years of combined experience who will guide you through your case from start to finish. Call us today at 630-785-2400 to schedule your free 30-minute initial consultation.