At the time his ex was married to a man who was making lots of $ and the ex said no child support wanted or needed, and she would hide the kids so he couldn't visit them. Once in awhile the kids came to stay with my friend, because they were unhappy at home. He allowed them to do so, no questions asked. Now, that they are grown, the exes man has lost his job and the ex is forcing back child support. Can she do this?
2006-10-06 06:05:58 · 11 answers · asked by sadie13 1 in Family & Relationships ➔ Marriage & Divorce
She most definitely can, he was a fool not to go ahead and pay it..Pay through the court system, then everything is on record, whether needed or not, it could have been put in a college fund for the kids..oh no..he's in for it now!!!!!!!
2006-10-06 06:09:27 · answer #1 · answered by janet r 3 · 1⤊ 1⤋
He can attempt; it really depends on the laws of the state where this is taking place. In my state there is a statute of limitations. No matter what state your friend is in, however, if there wasn't a stipulation (agreement) regarding the visitation, waiver of visitation, then the court can't force child support because if a parent doesn't have rights to visitation by court order- and hasn't established a father relationship through out the life of the child, the court will most likely decide in favor of your friend. The other advantage your friend has is that no matter what state your in, there should be a deadline in which any child support issue should have been brought forward. In my state it is two years, so if the child turns two and the parent files for child support even a day after that, they are pretty much out of luck, especially if there hasn't been a father relationship with the child during those first two years and the mother is remarried.
2006-10-06 13:19:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he was never ordered by a court to pay child support in the past, she will have a VERY hard time convincing any judge to order back-pay for all those years.
Sounds like she's trying to take him to the cleaners.
On another note, though...how could he have allowed her to withhold his kids from him all those years?
2006-10-06 13:09:25 · answer #3 · answered by Sheik Yerbouti 4 · 0⤊ 0⤋
Not unless there was an order. Honestly, a man who does not support his child is not being a good father. A father is a friend, role model and financially reasonable. He should not be upset at her for wanting back child support. She is entitled to it, but not legally.
2006-10-06 13:14:05 · answer #4 · answered by Cali Girl 3 · 1⤊ 0⤋
It would depend on the state that this is going on in and their laws. But, I have the feeling if you wave support of any kind in court whether it be spousal or child you can not go back and ask for back support when you waved it to begin with.
2006-10-06 13:16:11 · answer #5 · answered by Simply Lovely 6 · 0⤊ 0⤋
yes she can. if it was court ordered child support, he is resposible for it. no matter what his ex said. he owes it no matter how old the kids are. i know plenty of people getting child support way after there kids are 18.
2006-10-06 13:41:29 · answer #6 · answered by mml619 3 · 0⤊ 0⤋
No, not if she didn't pursue this when the children where minors. I'm sure you could call "Friend on the Court" on your friends behalf to find out the laws in your state.
2006-10-06 13:17:01 · answer #7 · answered by Rhonda G 2 · 0⤊ 0⤋
Legally, she can totally take him for back child support...especially if their agreement was not in writing.
2006-10-06 13:09:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
HUM.... she better prove he was in contempt all those years to try toget that money back, even if the kids are grown
2006-10-06 13:56:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes...
2006-10-06 13:09:20 · answer #10 · answered by Jookemgood 3 · 1⤊ 0⤋