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abcdeftj · May 16, 2010, 08:55 AM

I never filed for child support 8 yrs ago when I got custody of my four children because my ex said he would kill me. I had been in a very violent marriage for ten years and wanted out fast. He said he would not sign divorce papers if I had child support in them. My lawyer said "fine, don't put it in and you can take him back anytime you want" this was in Pennsylvania. If he did not sign the divorce papers Pa had a statute of limitations that he could contest a divorce for up to two years. I moved to WV 6 yrs ago. 2 yrs ago I lost my job and was struggling and needed the help of welfare. They took my ex to court for child support (current support). Is there any way I can go back for the 5 yrs he didn't pay anything even if I didn't have an order but there is documented domestic violence and previous protection orders that I had on him during that time? He has $25,000 in his checking account and I am about to be evicted with four children. He currently is in arrears of $1,300 from the current support he owes.

JudyKayTee · May 16, 2010, 09:27 AM

He only owes you support as ordered by the Court - if no Order was entered, he does not owe you back support.

Domestic violence and previous protective orders have (unfortunately) nothing to do with support.

You CAN collect for support he owes if there is an Order in place and he is in violation - but you have to take him back to Court.

If Welfare is/has pursued him your claim may be secondary to theirs.

I find "consult with an Attorney" advice not to be very helpful but in this instance I think an Attorney could be helpful.

abcdeftj · May 18, 2010, 06:59 AM

Thank you Judy but I have researched and there is nothing I can do about getting back support. Thank you for replying. I can however take him back to increase the support. He only pays $619 a month for four kids and makes over $1500 per week.

this8384 · May 18, 2010, 07:16 AM

Originally Posted by abcdeftj

Thank you Judy but I have researched and there is nothing I can do about getting back support. Thank you for replying. I can however take him back to increase the support. He only pays $619 a month for four kids and makes over $1500 per week.

Didn't he submit his income information at the time child support was ordered? That would show what he earns; if he is working and getting paid under the table, your odds of getting your support increased are slim unless you can somehow prove that his income is higher.

As for the arrears, they will eventually start garnishing his paycheck in order to keep the support more consistent. And when tax time rolls around, they'll also intercept his tax return to pay you the arrears. So while it might be hard to wait, you'll get the money eventually.

JudyKayTee · May 18, 2010, 10:10 AM

Originally Posted by abcdeftj

Thank you Judy but I have researched and there is nothing I can do about getting back support. Thank you for replying. I can however take him back to increase the support. He only pays $619 a month for four kids and makes over $1500 per week.

Are you asking about arrears OR getting more money than you were getting?

You can always go back to Court if you can prove changed circumstances - such as raises.

HOWEVER - in NY I am seeing Orders requiring that the person who pays child support keep the Court informed of any/all overtime, raises, bonuses on a regular basis. I am seeing this interpreted as every 6 months. The custodial parent doesn't have to chase down the non-custodial parent for support. The Order is adjusted as additional money becomes available.

cdad · May 18, 2010, 02:16 PM

Originally Posted by JudyKayTee

HOWEVER - in NY I am seeing Orders requiring that the person who pays child support keep the Court informed of any/all overtime, raises, bonuses on a regular basis. I am seeing this interpreted as every 6 months. The custodial parent doesn't have to chase down the non-custodial parent for support. The Order is adjusted as additional money becomes available.

I know its not for this thread. But this sounds not only excessive but punitive to the NCP. Just crazy. Not doubting it.

JudyKayTee · May 18, 2010, 06:02 PM

Originally Posted by califdadof3

I know its not for this thread. But this sounds not only excessive but punitive to the NCP. Just crazy. Not doubting it.

Going through this with a family member who suddenly was working 6 days a week instead of 5. Now the question is how often/when he SHOULD have reported the extra income.

My opinion is that he shouldn't have to write/call every month. He could make a career out of reporting his income.

Hearing in two weeks so I'll know then.

Fr_Chuck · May 18, 2010, 06:05 PM

Ok you said you never filed for support and that there is no order. But yet you say you get payment from him.

So there has to be an order. You can go and ask for a change in the current order. NO you can't go back and change the amount of a current order for previous years just future years

You need to first review and find out what you have, since your story is not adding up.

this8384 · May 19, 2010, 06:35 AM

Originally Posted by Fr_Chuck

Ok you said you never filed for support and that there is no order. But yet you say you get payment from him.

So there has to be an order. You can go and ask for a change in the current order. NO you can't go back and change the amount of a current order for previous years just future years

You need to first review and find out what you have, since your story is not adding up.

Not to be argumentative, but where are you reading that? She said she never filed for support - when she applied for welfare assistance two years ago, the state went after her ex for child support.

Her question now is: can she get back support for the time when she chose not to file? Obviously, the answer is no. She's been receiving support for two years; she can't suddenly decide she wants support back-dated to before then.

And yes, she can file to have the support amount increased based upon her ex's income.

JudyKayTee · May 19, 2010, 07:54 AM

Originally Posted by califdadof3

I know its not for this thread. But this sounds not only excessive but punitive to the NCP. Just crazy. Not doubting it.

Got the answer and, honestly, I'm smarter than this - I should have KNOWN this off the top of my head. I guess when you're dealing with family...

Anyway, in NY child support is by Statute. 17% for one child. Therefore, the non-custodial parent KNOWS he/she has to pay 17% of gross every week. If it's direct pay to the custodial parent he/she is supposed to adjust that figure due to overtime, bonuses, whatever, on a weekly basis.

If it's support paid to the Court it's different, but that is not the situation I'm dealing with.

Duhh!

this8384 · May 19, 2010, 01:14 PM

Originally Posted by JudyKayTee

Got the answer and, honestly, I'm smarter than this - I should have KNOWN this off the top of my head. I guess when you're dealing with family ...

Anyway, in NY child support is by Statute. 17% for one child. Therefore, the non-custodial parent KNOWS he/she has to pay 17% of gross every week. If it's direct pay to the custodial parent he/she is supposed to adjust that figure due to overtime, bonuses, whatever, on a weekly basis.

If it's support paid to the Court it's different, but that is not the situation I'm dealing with.

Duhh!

WI is 17% for one child, 25% for two, 29% for three... although we don't have that "report your income every six months" rule though. Sometimes I think it would be nice but it would really just complicate everything. I say base it off their annual income - that way it's a constant for the child.

cassieawilson · Mar 25, 2012, 01:45 AM

I know I'm 2 years late on saying this and things must have changed since 2010, cause in California, I just talked to C.S.S and they told me "YES" You certainly can ask for it and they said people are granted it all the time and when I go to court for my hearing to just ask the Judge for it and while every case is different, it is up to the Judge!