My daughter has just turned 18. My ex wife has just served me with a petition to modify our original child support agreement so she can recover payments that I missed during hardships in my life. Can she do this?

My daughter has just turned 18. My ex wife has just served me with a petition to modify our original child support agreement so she can recover payments that I missed during hardships in my life. Can she do this?


She's moving to modify your agreement (which means change the amount, the schedule but keep the original terms) OR is she asking for past-due support.

What State? In most States the Courts take the position that the child needed food, shelter, clothing while the non-custodial parent was undergoing hardship. Therefore, unless the non-custodial parent moved for a modification for changed circumstances (decreased income) the original amount is due as ordered. Back child support does not go away.

The fact that you have been served indicates that, yes, she can do this.