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    chickox's Avatar
    chickox Posts: 1, Reputation: 1
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    #1

    Feb 8, 2009, 07:59 AM
    Back pay child support
    I have a 4 year old son his father is up to date on child support but he only pays 200 a month and has been in the military since last year making a lot more my new husband wants to adopt my son cause the bio father refuses to be in my sons life my son also has no insurance cause the father decided not to put him on it and has a lot of medical bills can I sue for the back child support he was suppost to be paying when he started working in the military :confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 8, 2009, 08:29 AM

    You can not sue for back support if he is up to date. You can go back to court to get it modified to pay more, based on your ex's income. It is not how much your new husband makes, it is how much your ex makes. He will pay a percent of that pay.

    As for as insurance, you can get the court order to order him to provide it.

    He is not suppose to be paying any "More" until you go back to court to get it modified.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Feb 8, 2009, 05:37 PM

    You can't modify support to any date earlier than the date you serve a motion for modification (which would mean the motion would have to have been filed first and have a hearing date set). So if you never asked for an increase before (i.e. filed and served a motion for modification) and dad is up-to-date there's no "back child support" owed. It doesn't exist.

    You have to ask a court to change support orders, they don't change on their own (unless of course the orders specifically say they do for some reason and I'm assuming yours don't).

    Your son certainly has medical coverage as a military dependent so be sure he gets covered for that. As far as past medical bills go, there may be coverage for bills incurred while the child could have been covered by the military but wasn't because the dad simply fill out the paperwork. I'd check that out carefully with the military benefits people.

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