My boyfriend has been giving his X wife a certain amount of money every month since they separated almost 4 years ago (this amount was a mutual agreement). She recently began working part time as opposed to FULL time and is now talking to my boyfriend about "back pay"...would anyone know how far back he would have to pay is he does get taken to court (ie 1 year or for the entire duration that they've been separated.)? She also has a 3rd child with the man she is with now. BTW she is in IL and we're in NY.
2007-04-18 14:37:52 · 6 answers · asked by monkey 2 in Family & Relationships ➔ Marriage & Divorce
Child support in some states goes back to the time they split up. He may not be getting credit for his "mutual" agreement if there was no court ordered support.
Save all the receipts and cancelled checks.
The courts tend to take the side of the woman especially if she has the kids most of the time.
2007-04-18 14:45:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Back pay? Was the agreement in the divorce decree? Did he not pay every month? Need more info to answer but I know in my state that payments start as soon as a couple is separated. The additional child will make no difference, its not his. If he made the agreed upon payments, he doesn't owe her a dime. Talk to the lawyer.
2007-04-18 14:46:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
WHY DOESN'T HE JUST SIGN OVER THE CHILD TO HER THEN SHE IS RESPONSIBLE AND LET'S HIM OFF THE HOOK ESPECIALLY IF HE DOESN'T VISIT OR SPEND TIME WITH THE KID?. If he gives her full custody and she is with another guy then he is not responsible to pay squat. Were they just BF/GF or husband and wife this make a difference?. Get him to speak to a family lawyer and have some clarification done for him to be on the safe side.
2007-04-18 14:46:50 · answer #3 · answered by Livinrawguy 7 · 0⤊ 0⤋
Normally you go back to the date she filed the petition.
So fromthe date she files a petition for support.
If there is one in place from that date.
Hope this helps
look up the state of Illinois website and see what their guidelines are. that is the state it will go through.
2007-04-18 14:50:57 · answer #4 · answered by Rhiannon 3 · 0⤊ 0⤋
from my understanding she will have to ask for back pay before the judge signs the papers.so if she only ask for child support and not back pay before the papers are signed she wont get back pay.i had asked for back pay before and my case manager said that it was to late i should have asked for it when i first put him on cs.i hope this is helpful.
2007-04-18 14:49:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
From the moment you two split or he stopped paying. I know this from my first divorce and man was that a headache!!!
2007-04-18 15:00:42 · answer #6 · answered by Williamstown 5 · 0⤊ 0⤋