My children's (twins) father has been "voluntary" paying me $400 monthly for child support since they were born except for 7 months.
As those payments were very low and not consistent : I applied for child support services thru the state of Florida.
Last March (after nearly 2 years of my application)a child support order has been finnaly established for $600 monthly for both children.
BUT no retro has been ordered for those 7 months he did not pay at all.
He had an attorney not me just the State representing me...
What can I do in order to collect this retro?
If I hire an attorney could he do the job? what will be the approximatevely cost?
Thanks in advance for any advices
2007-11-06 05:10:47 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The case is over unless you can show appealable grounds. Simply put, not all states have provisions for retroactive support and those that do require filing in a timely manner and no record of payment.
You frankly have no case.
AND FOR MABEL:
How do you know she can't get Retroactive support when you don't even know in what state the order was issued?
Frankly, you don't. Because, as an attorney I DO know that many states do allow for retroactive support, from either the filing date of the petition or birth of the child.
2007-11-06 05:35:05 · answer #1 · answered by hexeliebe 6 · 0⤊ 0⤋
You can't get the retro. This is why you should have filed for child support when your relationship FIRST ended- never trust that a voluntary payment will always be there. You just take the $700 loss as a learning experience.
Also- BE THANKFUL YOU EVEN GET ANYTHING and he only "owes" you $700. I have a 7 year old who's father never pays a dime and his support owed is already past $62,000 !!!!!!!!! I'll never see a dime of it. I'd be happy to even get $50 a month from him. He lives in another state and enforcing from state-to-state SUCKS. I'll be lucky to ever see any money from him.
and what the heck is "approximatevely cost?"
2007-11-06 05:22:48 · answer #2 · answered by Amy Clark 5 · 1⤊ 1⤋
Every state has different laws about minimum support, however since he was not required to pay support you may not be able to get it retroactively. He can simply argue that he was paying MORE than was required.
2007-11-06 05:18:24 · answer #3 · answered by davidmi711 7 · 1⤊ 0⤋
yeah, i don't think it's worth it to go after him. the amount you would get wouldn't be much once you pay an attorney.
plus, why add extra ill will to the relationship? i know you're not together, but since he's your child's dad, you're going to have to get along on some level.
i say, as long as he keeps paying, let it go.
2007-11-06 05:24:17 · answer #4 · answered by Beth R 3 · 1⤊ 0⤋
Why don't you just let it go and be happy he's paying the full amount now?
2007-11-06 05:16:54 · answer #5 · answered by Anonymous · 2⤊ 1⤋