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Back Child Support without Orders?

I know this an odd question for this forum but I wanted to see if any mom knew?

My Husband is finally getting a court date with my stepdaughter's mother in January for us to pay child support and set up visitation. We tried to sign papers back in March 2008 but she felt it wasn't good enough and says she's going to go before the judge and argue she deserves more and will receive retroactive child support for past years. My question is can she receive back child support if there's never been a court order for it?

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Asked by B-Lyn at 8:02 PM on Nov. 13, 2008 in Money & Work

Level 1 (0 Credits)
Answers (7)
  • Not in Washington state...well if I understand what you are asking...if he is currently paying what they court set as his child support in writing... she can certainly ask to have the support raised but it will not be retroactive if there is already a current Child support order in effect.

    Good luck

    Answer by mamakirs at 8:34 PM on Nov. 13, 2008

  • Ok hold on I just re read your there no support order in place as of now? Then yes she can request back support for the child. At least here..again every state is different..

    Answer by mamakirs at 8:35 PM on Nov. 13, 2008

  • well If I read the question right I assume that him and her could not come to a agreement on March 08 so he is not paying so yes she can get back support ordered but they will tack on an extra 10 to 25 percent a month and take his taxes until it is paid off...on another note even if they could not agree and assuming he is not paying that is sad that for 8 months he has not paid he could of at least sent what he thought was fair that child needs to eat and clothes


    Answer by Anonymous at 9:42 PM on Nov. 13, 2008

  • Not in NJ or NY Or PA, those are the states I have lived and worked in as a Family Law Paralegal. The childs support is only retroactive to the date she filed for the support. If she never went to file papers to get the support, she isn't entitled to any back support at all.

    Answer by Dianne1259 at 10:10 PM on Nov. 13, 2008

  • My husband had to pay back support for his son. When him and his ex separated he was giving her $50/week when he would see his son. When they finalized their divorce, and set the child support, basically at $85 per week, he had to pay the $35/week difference for the months before the papers were final. It ended up being about $900 in back support he had to pay. The sad thing is, she tried to say that he hadn't been giving her anything, in which case it could have been $2400 in back support, but because he paid her with checks, he had proof. She also lied and tried to say that my ss was in daycare the whole time, which would have upped it more, but she got caught in that lie too. By the way, we live in FL.

    Answer by my2.5boys at 10:38 PM on Nov. 13, 2008

  • HMMM!!! We had to prove that we paid my husband's ex and otherwise they take it out of your tax return, so keep good records!

    Answer by nanaevelyn at 1:27 AM on Nov. 14, 2008

  • I did not receive back child support for my daughter. I filed when she was 3 days old and he managed to hide and move until she was over a year old and then put it off even longer with a DNA test. In the end, even though I filed when she was 3 days old and proved paternity, child support was only ordered from that day forward.

    Answer by kabbot01 at 11:26 AM on Nov. 14, 2008

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