QUESTION

Can I get child support from my ex during the 2 years the children were living with me?

Asked on Jan 29th, 2013 on Divorce - Louisiana
More details to this question:
My wife and I are separated and going through a divorce due to a nasty ex parte situation where the court found her at fault and the children living with me. Since that time she has only paid me $400 in 2 years. I lost my job a few months ago and agreed it was in the kidโ€™s best interest to live with their mother. Is there any way I can get child support for those 2 years that resided with me?
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8 ANSWERS

In California, you may only receive retro-active child support back to the date that you filed the request for child support orders with the court or Child Support Services. If you never obtained court orders requiring her to pay child support, then it is too late to go back in time, however if she was ordered to pay, but never did, the arrears have been collecting all this time, and you are also entitled to interest on the amounts unpaid.
Answered on Jan 30th, 2013 at 7:41 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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There is no way to get child support until you file a request for it with the court. The two years which have elapsed are lost to you. I strongly suggest you file a request for child support now so that you can get some help. Contact the department of child support services in your county (branch of the court) for assistance. it is free. Good luck
Answered on Jan 30th, 2013 at 7:40 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is all going to be determined by the orders which were in effect during the time that you had the custody of the children. Now that she has the children, you will be liable for support, but it will be based on your current economic situation.
Answered on Jan 30th, 2013 at 7:40 AM

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Dennis P. Mikko
If there was a court order requiring her to pay support you could collect what was not paid or it may become a credit against what you owe. If there was no court order, it may be too late to do anything now.
Answered on Jan 30th, 2013 at 7:38 AM

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Thank you for sharing your question. I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. The generic legal answer is, it depends. If there was a divorce pending and child support was requested in the divorce, it is possible that you can get child support for the two years the children lived with you. However, the court will likely ask why you did not seek temporary orders for child support during the time you had the children; you will need to be prepared to answer that question to the court's satisfaction. I recommend you seek the advice of a good lawyer. Good luck.
Answered on Jan 30th, 2013 at 7:38 AM

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John Arthur Smitten
Yes you can get support for the time the children were with you, or in the alternative a credit against support you will now owe her.
Answered on Jan 30th, 2013 at 12:14 AM

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Probably not. But you can always try to do a motion for arrearages.
Answered on Jan 30th, 2013 at 12:01 AM

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Divorce & Separation Attorney serving Baton Rouge, LA at George E. Downing, Jr. Attorney at Law
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No It is retroactive to the date you file it.
Answered on Jan 29th, 2013 at 11:53 PM

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