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I have had full custody of both of my kids for the past two years. Their mother has never paid any kind of financial support. Every time I ask for child support, she says she is going to try and get the kids back 50/50. The kids don't want to live there so I just let it go. We went to mediation and decided on me having full custody, but did not discuss child support. If I take her to court now to set up child support, will I get back pay child support for the years she hasn't been paying? Even though no amount of child support was ever set? Thank you in advance for your help.
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You seriously need to get child support for the children. At this point I doubt she can get shared custody unless she has had a "substantial changed of circumstance." I am sure the desire to not pay support will not qualify as a change of circumstances. No you cannot get back support if it was never set up.
Answered on Nov 22nd, 2013 at 10:31 AM
This response is general in nature and should not be considered legal advice.
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska, your child support would start on the first day of the month after you filed the Application for Support.
Answered on Nov 22nd, 2013 at 10:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you can ask for child support. It is her obligation to pay. If she wants any custody, she will have to prove why she is entitled. Chances are the court will award something, although it may be supervised visitation every other weekend. You are not entitled to back child support since there was no order requiring it.
Answered on Nov 22nd, 2013 at 10:30 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, you will only get support back to the day the motion for support is filed.
Answered on Nov 22nd, 2013 at 10:30 AM
Bruce Provda
You can file a petition for child support, speak with an attorney.
Answered on Nov 22nd, 2013 at 10:29 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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I would suggest that you do a consult regarding child support. If no child support order was entered, it is possible that the court could go back up to three years for past support. Child support is separate from custody and parenting time issues, so if she retaliates by trying to change visitation, it will be obvious to the Court. An attorney can provide more information about the modification/establishment of child support process.
Answered on Nov 22nd, 2013 at 10:29 AM