What is one of the factors considered in the test for retroactive child support?

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One of the key factors in determining retroactive child support is whether notice was given to the payor about a variation in the support amount. The law generally requires that the payor be informed of any changes in the support obligations in a timely manner. This notice enables the payor to understand their responsibilities and adjust payments accordingly. If the payor is not informed and has not had the opportunity to respond or adjust to the changes, it may not be fair to hold them retroactively liable for support that they were unaware of.

While other factors might play a role in the overall context of child support, the critical aspect of notice underscores the principle of fair warning and due process in financial obligations related to child support, particularly when there is a change in the established amounts. This factor helps ensure that payors can adequately prepare for any adjustments in their payments rather than being surprised by retroactive claims.

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