Asked 10/26/2008
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Can I collect back support? I separated from my son's Dad six years ago. We have joint custody and I have my son 85% of the time. I did not ask for child support until recently when lost my job. He is fighting the amount, saying i should not get a "deduction" for the daughter i have with my current husband. My current husband has supported my son all these years without complaint. I don't think he has a point as checked the child support calculator and according to the child support documents he makes more money than I do! I want to know if I can ask for back child support for all the years he did not pay me, from 2002 until current. I did not ask for child support before because I was worried about animosity developing over it as he always tries to get out of paying his bills, and I used to make twice as much as he did. Now I feel like a fool who should have acted sooner. Is there anything I can do? |
Answer 1/1 - Submitted 10/26/2008
You can file for child support,but if you have never had a court order for child support you are not going to be able to collect back child support. They passed a law about three years ago that if a parent does not already have a child support order in effect though the court that the parent can only get support from the time it is now filed. You can get support now until the child or children turn 18 years of age and the court decides the amount based on how much your ex makes and if he is paying for health insurance for them though his work and also on how much you make if you work. The court will not deem your knew husbands incom for child support.
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