HomeChild SupportWhat is back child support. How do you know if you qualify?
Posted in Child Support on 24th February 2011

What is back child support. How do you know if you qualify?
If my ex lived with me on and off again and we had a contract at one point (that we wrote ourselves) where we settled on an amount (but a very low amount) and he always paid do I qualify for back child support?

There has never been any court orders. But, can I get him for money he should have been paying or “back child support” only for court orders that werent paid?

Best answer(s):

Answer by Cissi W
if it were not set by the court then i don’t know how you could get back child support especially if he was paying you on your agreed amount..maybe you should see a lawyer

Answer by lbtrusting
I believe you can take him to family court and find out! Good luck.

Answer by box of rain
You need to talk to an attorney.

Answer by Mrs. Whorton
is this the same ex that supposedly fingered a stripper you paid for??

Answer by Momma
I don’t thihnk so, but you should take him to court


Answer by dont forget to tip your waitress
Only when you open a case does it start to calculate. You have to report how much he gave you. “Back child support” usually means when the other party owes you like arrears. If a case was never opened he probably doesn’t owe you.

Answer by unique4some
No, if you had written a statement between you two, they won’t go back, unless you have proof he didn’t pay the said amount at the time the paper was signed between you two.
Go to your court house and ask the steps you need to take to do a new legal child support amendment.
Or even ask your local Child Enforcement center. They will of course check his wages and will go by a guide line on who much he really needs to be paying and make him do so.

Answer by mn lady
Back child support is determined by the date that the person files with the court for child support. Once the parties go to court there is an order issued for child support and it usually is dated back to the date the claim was filed. The payer is responsible for paying the court determined amount back to that date.

An agreement you made with your ex on your own, that was not sanctioned by the court, cannot be enforced by the court. You are not entitled to back child support, and unfortunately you have no recourse if he stops paying now because you have no court order for support. He could legally just stop paying and you could not do anything about it except go to court.

Protect your child and call a lawyer today.

Good Luck

Answer by Terra V
If you only had a contract between the 2 of you for a set amount even if it is low and he always paid he doesnt owe you anything. I’d go to court where they have each of you complete a financial form and let them judge a fair amount of child support this way it’s court documented and if he doesnt pay he will owe you back……

Answer by spaznskitz
now hold it – you agreed to an amount – it is your own fault if it was low.

Legally, yes, you could file for “back” child support – depending on how he paid you, it may or may not be admissable as evidence that he was paying actual child support.

HOWEVER, morally, you entered into a good faith contract about child support with him – for you to even consider taking him to court and violating the good faith from your previous agreement makes you a really crappy person.

feel free to set up a court order for child support from the date you filed and beyond, but don’t be that shi*ty of a person and try to screw him over just because you made a choice long ago you think now you should have been more practical about.

Don’t use your kids as a cash windfall…

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