Since my divorce in 2006, I have allowed my ex to not pay child support when he has the 4 kids for an extended periods.(usually summer break) Thinking that the money is to care for the kids and it should stay with the kids. I have also allowed him not to pay when we have split them 2 for me and 2 for him calling it a wash. Which is not the way the court ordered. It is also not in writing. For the last year our oldest has been living with him out of state. At the time she started living with him, he agreed the child support would not change. We did an agreement that stated so, however no one filled it with the court. This year he asked me to reduce it, which I declined. Then he made claims to me saying that I should have been paying him during the extended periods he had all 4 of them, spaning over the last 4 years(aprox.10 months)He also claims that I should have been paying him for the last year he has our oldest. Now I'm filling motions to modify the child support. Which is looking not so much in his favor, he could be paying lots more and not less. So my questions are... In telling the court the situation, what are the chances the court will over ride me and say that it doesn't matter? It was ordered and needs to paid! Would it be out of line due to the circumstance that I ask the courts to make a judgement in the matter directly?

No one can predict what a court will do. The court will follow whatever the court orders state. If he is asking for payments not covered by the court order, then he should have filed for a modification at the time.

To file for back child support usually you need supporting documents. I'd suggest you make sure you have receipts for all items related to this case regarding the kids. Items can include, but are not limited to, health care costs, dental and vision costs (insurance, co pays, out of pocket expenses) special care for when you have to work, extra curricular activities, be they clubs, sports, or music lessons. Call child support enforcement in the county where the child support case is and ask them for what documents you may need to bring.