She will have to file for a modification of a court order custody/visitation/support, for all changes to be legal. At age 18, there is no longer a custody/visitation, as they are treated as an adult at that age. If the child goes on to college, support may continue (depends on your paperwork, the state you live in and other issues) either way, the child support continues at least until the child reaches 18 or leaves high school whichever is the later. She could get back child support for the time that the child has lived with her, normally it only goes back until the date the paperwork was filed at the court. As far as you going back now and asking for more support from a while back, the courts will look at it as I am now, and that is that you two are playing a "eye for an eye" game, she wants the support she is entitled to and you want to see if you get more out of her! They are going to say why are you waiting until now, you weren't worried about the money when you had the child, now you don't have the child and it's your turn to pay and you are trying to be a weasle. Sorry I know that sounded harsh, but that's excatly what it sounds like to me. Yes, she is entitled to the money, and you should be thankful that she hasn't gotten from you sooner, 10 months is a long time to go without it. How would you have felt if she didn't pay for all that time?! It just sounds like you are really mad about the child moving out of your home and now you are hurting the child by not supporting him. It's time to step up and pay what you need to be paying. If I were you, I would be making a good faith effort to start paying atleast some kind of payment for child support. Do it by check only (no cash, there's no proof that you paid if you pay by cash) in the memo, always write that it is for child support and for what week/month it is for. Keep a record of it in a note book, wth the check number and amount of the check so that you may have an easy reference. I'm sorry for the harshness, but you need to think of the child and his needs, not the money issue and your ex! Hope this helps. Good luck to you!
Submitted 241 days ago...
Statue of limitations for back child support
I have ahd physcal custody of my child unitl 8/07. Then he moved in with his mother who now wants to collect a large sum of child support for the past 10 months. He will be 18 in June. She previoulsy was paying %50 a month and the order of custody has never changed since 02 showing me as the custodial parent. Can she ge back child support for 10 months and can I go back to see if over the years her child support should of been increased and collect the difference?
This Question was awarded 239 days ago therefore you can no longer post an Answer. However you may post a comment below.
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Submitted 239 days ago...
Thank you for your answer and just to clarify, the child moved in with her because he refused to live by our rules. She lets the kids do what they want and I have thought of my child and that is why I had physical custody for almost 15 years. It is a very long story and since 2002 she has only paid $50.00 a month. The only reason she is filing now is because he will be 18 in June. So why did she wait 9 months? Additionally, I let her claim him as a tax deduction last year. The only reason we did not go back to court in previous years was just to keep the peace. Do you think it was right for her to pay only $50.00 a month for 5 years? I am just trying to find out if legally I can go back, with receipts, and ask for half of many expenses. Thanks.
Comment 2 / 2
Submitted 239 days ago...
No I don't think $50 a month is enough, and I'm sure you were watching out for your child then, I was just telling you the courts will look at it. Believe me I have been dragged to court for far to many years with my ex, he pays child support and is suppose to pay a % of medical and everytime I would submit the bill to him like I was suppose to, he would take me back to court, so I have just given up and pay the whole thing myself. This is a man who now makes over $101,000 a year and for 4 children is only paying $235 a bi weekly! And my hubby and I are putting 3 children through college right, and he also got away with not paying any college expenses even though it stated that he was to pay in our support papers. I just had to give up, you learn to pick your battles and not fight the stupid stuff, the kids will know later in life who loved them for who they are and who "bought" their way through their lives. Best of luck to you. Don't sweat the little stuff in life and move on.
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