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Can ex wife sue us for "back child support" if we have never failed to pay child support?

My stepson is living with us now. She was okay with him coming to live with us except we never never did a modification in the paperwork and she still gets child support. He is almost 17.. Anyways, she said that if we sue her for child support she would turn around and sue us for "back child support". We have been paying child support since they first divorced. It's taken out of my hubby's check never failed.. She never tried to increase the child support since 02 and she claims she can make us pay her money she thinks she should have been receiving if she had increased it since 02. Our attorney said it's impossible but Im still worried. What can she do to us? Child signed paperwork that he wants to live with us.. He's lived with us for over 6 months.. We live in TX. Anybody??

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Asked by Anonymous at 1:16 PM on Aug. 25, 2009 in General Parenting

Answers (10)
  • If there's no back child support then you have nothing like that to worry about. I'd let her threaten and do what she wants, it doesn't mean the judge is gonna favor her anyway.

    Answer by MommaRox4683 at 1:20 PM on Aug. 25, 2009

  • Both sides should just leave well enough alone.

    You said "... if we sue her for child support..." - You can't sue her for child support. When the child started living with you, you didn't modify the order... so she has never/still doesn't owe you anything.

    In turn, if the $$ has been taken out automatically, then all should be in order & you shouldn't owe her anything else either.

    If you're wanting to sue her to pay back any $$ given to her after the child started living with you - you're out of luck there, too..because... again, nobody bothered to legally change the custody & CS agreement.

    Neither side is going to gain anything - cut your losses. The legalities should've been hammered out when the kid moved.

    Answer by Laura1229 at 1:22 PM on Aug. 25, 2009

  • No.. We don't want back child support. We are only asking for the paper work to be changed and and to stop child support to her. She would only have to pay child support for a year since he's almost 17 and it would be when the judge rules it as the case has just been opened again.

    Answer by Anonymous at 1:28 PM on Aug. 25, 2009

  • I don't know anything about Texas law, but I can tell you here in Colorado, nothing happens until either party files paperwork. The date of filing is used as a start date. So, if you want to stop the c.s. payments to her, you would file the modification paperwork with the Child Support Enforcement Agency (or whatever it is called there) and they will begin the process of collecting each parents paystubs, tax returns, health insurance info, etc. However, you cannot file now and say you want it to be retroactive 6 months ago. Unfortunately, it doesn't work that way. Same with the other parent. She will not get any "back child support" if you are current, and she cannot request that the child support be modified 6 months ago either. Again, this is going off what I know of Colorado law. Best of luck to you!

    Answer by Bczican at 1:33 PM on Aug. 25, 2009

  • I'm pretty sure she can't go to court and say "I'd like the money I would've been getting if I'd requested an increase in 2002" Um, yeah it's 2009, so I think the court will see that's she merely trying to avoid PAYING support & unless they are biased againt BD's they will not look kindly upon her for this stunt. If you're lawyer has never steered you wrong before, listen to him. Don't let this women get in your head or, worse yet, discourage you. Child support is for the child, not her. Don't worry, try to relax. She can't do anything to you. If you need reaasurance ask your lawyer to explain to you why it's impossible, & don't let him brush you off, & don't end the conversation until you get an answer that you fully understand & feel confident about. GL!


    Answer by BubbaLuva at 2:25 PM on Aug. 25, 2009

  • No worries! My Aunt just went through this! She can not do anything, infact. If she takes you to court, and they see the papars the child signed. She may end up having to pay back the last few months.

    Answer by clovismommy25 at 2:30 PM on Aug. 25, 2009

  • Listen to your lawyer. Tell the gold digger to kiss off

    Answer by admckenzie at 2:32 PM on Aug. 25, 2009

  • There is no back support owed to her. If the cs amount was never raised they won't go back and raise it now retroactively. She's full of crap.

    Answer by Anonymous at 2:42 PM on Aug. 25, 2009

  • If you don't owe back support what is there to pay? She is just making up crap to try and scare you. If anything y'all can sue her for back support for paying HER when she didn't even have the child in her custody.

    Answer by KalebsMommee at 2:51 PM on Aug. 25, 2009

  • Back child support can only be gotten if he is actually behind, of if there was a lag between when their relationship/marriage ended and when child support was filed and/or ordered. For example, my ex and I split up in June 2003, he went pretty much straight to jail, and we couldn't file or go to court for child support until he got out in April 2004. I could get back child support for the months from June to April. But if we had been able to file or go to court immediately, I would not have gotten back support. Unless there is some period that he didn't pay for some reason that he is either hiding from you or somehow unaware of, you have nothing to worry about. She can't ask for money she "thinks she should have gotten". Heck, if you could do that, my ex would pay me millions every month. LOL

    Answer by tropicalmama at 4:03 PM on Aug. 25, 2009

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