QUESTION
Is it legal to ask for a back child support even if the child lived with the non custodial parent full time?
Asked on Nov 04th, 2013 on Divorce - Oklahoma
More details to this question:
Divorce final in Oklahoma July 2008. Mother awarded custody and child support. However, by mutual agreement, daughter has been living with the noncustodial parent (the father) since before the divorce was final (from June 2008 until present...she is now 18) No child support was paid by either party. The mother recently obtained a court order to garnish the father's pay for back child support even though the child has not lived with her. Is this legal?
1 ANSWER
On the one hand, you had a valid order to pay support that you did nothing to modify. On the other hand, there are equitable considerations based on your agreement and the fact the child lived with you, which apparently also ignored the custody portion of the court's order. You need counsel, now, to proceed in your effort to quash the garnishment order, if indeed you can prevail.
Answered on Nov 08th, 2013 at 2:48 AM