Should I get retroactive child support?

Question

I have been separated for about since Oct 2005. My ex could afford a lawyer at that time, I had really bad duty councel and was forced to sign my separation agreement because my lawyer told me I wouldn't get any better than that. My ex's child support was set at 420 dollars. I have been on welfare pretty much since because my ex took my car, leaving me and my son out in the country with nowhere to go. I've since moved with help from my current boyfriend into the city close to us. But there is no daycare, thus I can't work because of my son's school schedule. It income tax time here, and I asked my ex for his amount of income for the last year. His income was almost $70,000. Mine was $8000.00, of this money, 5200 was from my ex for child support. I have my son almost full-time. My ex's access is supposed to be every weekend, but he's got a new family and cancells often. He doesn't understand that he isn't supporting his SON to his full abilities. Anyone else go through this?

the stipulations id impose on any retroactive payments my son would get would go entirely into an education fund. and yes, this is indeed only for the benefit of our son who I feel deserves better. I will get a job when daycare is available, for now, the waiting lists are too long, even for private daycare, people have been waiting at up to 2 years for open daycare spots. My son has been on the lists since Sept 2006. I've called all centres/in-home daycare people and put an ad in a newspaper for private homecare. I can't afford a private nanny for the 45 bucks an hour that they charge...funny how they are the only people available, nobody can afford it.

Answer 1

The same scenario happened to my sister. Yes, not only should you but, you will get retroactive child support.

My sister even married another man but, did not adopt her son. When her son was 16 years old, she divorced leaving her flat broke with a 16 year old son and the bio-father never paid child support for all those years. All you have to do is call the Child Support Enforcement (that's what she did) then they had a hearing and because his bio-father was court ordered he had to pay retro active for 21 years but, they settled for 15 years. Now, since the father couldn't pay it upfront they garnished his wages and when he retired they garnished his retirement check every month too.

Now if you marry and your boyfriend/husband adopts your son, you can kiss all the child support goodbye. Also, if you choose to wait and your son turns 18, there is nothing you can do about it. The Child Support Enforcement stated that if we waited, we would have not have a case whatsoever.

Is there any reason he's not paying the 420.00? You owe it to your self and your son. If he chooses not to pay, he will be in contempt of court, he could face jail time, they can also take away his drivers licensee and his plates on his car.

One thing is forsure - what goes around comes around!! Keep your chin up high, this will not be an easy task but, you have to keep extreme detailed notes and ensure you follow through on all your tasks to get the ball rolling.

But, first begin with Child Support Enforcement!!!!!

Good luck to you my friend.....

UPDATE to your UPDATE
1) Although very smart, but why would the funds have to go into an education account? Those funds belong to you and no-one but you can dictate where those funds are to be applied. That's why it's caled child support! You can not be forced to have those funds placed in any account!!

Answer 2

It's so sad that a father would abandon his child in such a way. Yes, you should petition to get all the support monies you are due by court order. These payments are not "retroactive" if they were not made after you filed for and recieved an order for support, they are called "arrearage" and the order will continue beyond emancipation of the child until all arrearages are fully paid.

Additional comment:
There is no need to put any stipulations on reciepts from payment. Here in the US, if there is an order for support, the c.s.enforcement agency will file all necessary forms to retrieve the money. The father also can face prison time for failure to pay. It is good that you would put that money into an education fund. Another stipulation in the US is that payments will continue until 21 if the child is livng with the custodial parent while attending school.
You should also file for a modification of support as your and his wages have probably changed since the decree was issued and he may in fact, have to make higher payments because of those changes

Answer 3

Kim the answer is staring you right in the face open a small daycare where you live, you will have kids to watch and an immediate income, take the classes to get certified , if your home is not big enough get a government business loan and rent a building somewhere , charge 90% of what everyone else does and end up making over 10 times what your x makes in the first year,,,,, yes you can do it!!!! Your x is doing all he is going to do however you can do this all on your own, all you have to do is what you are doing now, watching a kid and collecting checks ,only it's more kids and a hell of a bigger check, you can baby sit on the side and make good too, remember me if I'm in your area you can give me a discount on daycare for me giving you the idea , well do lunch when your rich,,, i like Italian!

Answer 4

i know where you are coming from...been there, done that
here is what you do...
contact the child support enforcement center near you (i went through the welfare department)...my oldest child is now 32 and his father STILL has his paycheck garnished for back child support...this did not help me while he was growing up, but, let me tell you, there is no better feeling than knowing that he will be paying for something he should have paid all those years...
my second husband and i had a son, too. this ex went so far as to tell the judge that he would rather do jail than pay! he has never held a job to have his wages garnished. what can you do? there is nothing a person can do to get blood from a turnip...
but, i can almost guarantee that you will see to it that your child can come up out of the nonsupport from his dad, that you will do whatever you have to do, sacrifice whatever you need to sacrifice to make this child's life better...later in life your child will respect you and understand all about what you have done.
just don't discuss things around your child...kids don't understand the concept of it all and just think that mom is a money hungry fool...they just don't understand, but, give him time and time will tell...dad is a no good idiot...let your child find this out on his own...it sticks with them better!

Answer 5

Youre probably getting all the child support youre going to get from him. If you feel thats hes making more and that you should get more, you can always petition the court for a remodification to child support hearing, but you will have to prove any allegations you make against him. As for the visits, the court awards the state mandated visitation rights allowed by law, they can be made less or more, supervised, and even no overnights, but they dont force the father or mother to abide by them. You can challenge him in court on why he doesnt honor them and should he lose them he has only himself to blame. Any father, in my book, that ignores his son(s) and even daughters too, in any situation should not be a father. You might want to check with your local legal aid assoc. to see if you are entitled to more support and go from there, this is a free help agency. Child support and custody are the only two areas that can be challenged back in court once the divorce decree is final. Good luck

Answer 6

you need to go to court to get your child support enforced. not only the current one increased, but also the retroactive support payed to you in full.

what an a-hole...you are hanging off a thin rope and he is chilling. don't look at it as you going against your ex. if you do, then you are going to get your feelings involved. look at it the way it is, this is your child's money. i would go after him for every penny he owes my kid. why should your son be on welfare while his father who can obviously take care of him is chilling with his new family. don't allow anyone to take your kids money. that is how i look at it. when it comes to my son. once my kid is taken care of, he can do whatever the hell he wants to with the rest of his cash.

try to get help from a womans rights group if you can. if you go to family court they will tell you were to turn.

don't get all soft for this guy, this is about your kid. im sure that that money would make a huge difference in your life.

go get him on monday. regarding the babysitting, this is something that he should have to pay for in full or at least in part. if there isn't a day care center, you will have to get a babysitter that can pick him up from school and watch him until you or your bo gets home. your ex has to help you out with that. family court does not like deadbeat parents.

best of luck

Answer 7

I doubt you can get the retro support, however what you can do is take him back to court now. In my state you can only do this once every two years or so. You can go to the local welfare or DA's office and they should be able to represent you for no charge, or you can also seek the help of a private attorney as a pro bono case.

Answer 8

Want to know how to get your ex back? Change yourself. Don't worry about changing other people, worry about changing yourself. Go to https://tr.im/t3P0k

Once you do that then you can start to worry about getting back together with your ex, other wise you will find that you are fighting about all the same things and getting no where. Do what it takes and I promise things will work out in your favor.

The funny thing is I came to the realization that I had to change a little too late. After I was kicked out and after I was about to lose the only things that truly mattered to me - her love. A funny thing happens when we truly love someone and lose them. We do what ever it takes to get them back. For me I had to drop bad habits that had caused not only our relationship to sour but practically every other relationship I had had in the past. Not only with women, but with friends, co-workers, family, you name it.

Which is why I say to you as my ex at the time said to me, the only thing you can do is change yourself. Work on yourself and improve on the person that you already are. Drop the negative things in your life that don't belong there and you will see all of your relationships start to take off to new heights.

Answer 9

It sounds like you are all full of excuses. You lived in the country and couldn't get to a job, but somehow you found a way to get a new boyfriend in the city. Now you live in the city but still can't work because of child care and your son's school schedule. Why can't you work while he is at school or find a babysitter like much of the country does? Grow up, quit blaming your ex your horrible money situation, get a job, and take care of your own son. You are complaining about him not taking care of your son to his full abilities when in truth you yourself are not supporting your son to the extent of your full abilities. We do it for you so you can sit around and whine all day. It is horrible that you can sit for years on welfare having your life paid for and health care takin care of while people are busting there *** off to take care of themselves and still can't afford health care for there own children. I'm sorry if I sound rude but it really irks my nerves to hear people whine about not having enough when they are doing anything for themselves. Your husband paid what he was supposed to and you didn't.

Answer 10

you should get what the court awarded. At the time of the award was there any mention of retro.? If not, you will have to go back to court to get it. Also, remember that at tax time this will be considered earned income and must be claimed.