Can an Ex Ask for Back Child Support If the Children do not Live With her?
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Summary
My wife’s brother should be paying child support. However, his parents agreed to take the children and raise them in their home several years ago. They have now lived with the grandparents for the past four years. The brother’s wife is now asking for back child support during that period. |
“My wife’s brother should be paying child support. However, his parents agreed to take the children and raise them in their home several years ago. They have now lived with the grandparents for the past four years. The brother’s wife is now asking for back child support during that period. Does the wife have the right to the child support since the kids have not lived with her?”
Orders are good when made. If you are entitled to a child support modification seek it immediately. When situations and agreements change, get it in a written Court order. If you sleep on your rights, you do so at your own peril.
He owes the support to someone. If not the ex (per the Court order) then to the grandparents. In determining an arrears amount, the Court may take into consideration the fact that the children did not actually reside with mother to give him an equitable reduction in the support amount owed to her. He will likely need an attorney to make this argument effectively. He should also pay all the back owed support to his parents while he is at it, and if they do not want it, put it into an account for the child to receive upon reaching majority.
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For more on this subject check out these categories: Child Custody, Child Support, Family Law
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.