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?
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:
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.