Can You Be Assessed Arrears For Informal Child Support Payments?

child support arrearsQuestion:

I paid child support while my child resided with his mother, though there was not a court order. I paid what his mother asked, but I did not keep records.

Now the child lives with me, and I would like to receive child support though the mother is reluctant.

If I request child support, will the court assign arrears to me for the dates I cannot prove I paid before they will make her start paying child support?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York child support laws where I am licensed to practice.

In general, if you file a petition, then your ex-wife is likely entitled to file a cross-petition. That does not, however, mean that she would be successful.

Usually, a court cannot award child support or similar payments for a point in time that pre-dates an individual’s petition. Child support laws do vary greatly by state, though, so consulting with a child support attorney would be advisable.

Cordell & Cordell:

Child Support Attorneys

It is important to note there are certain protections afforded to an individual with child support payments that are mandated by the court. Typically, if two parties agree to a set amount of child support, then one party may file a petition with the court and simply ask that the court convert the parties’ agreement into a court order.

Again, this will vary depending on a party’s state, but doing so would allow the party receiving support to enforce the agreement through the court, if needed.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Sarah J. Merry, contact Cordell & Cordell.

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