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help1969 · Dec 19, 2012, 07:22 PM

My ex boyfriend has been paying child support for 18 years. Our daughter has not graduated yet and now he refuses to pay any more. Can I file for child support since I haven't before? I live in Texas and he lives in Iowa.

ScottGem · Dec 19, 2012, 08:14 PM

Yes you can, but it is unlikely you will get anything. Child support generally only goes back to when you file.

cdad · Dec 19, 2012, 08:21 PM

What was the agreement that you had with him ?

help1969 · Dec 20, 2012, 04:28 AM

Originally Posted by califdadof3

What was the agreement that you had with him ?

Nothing he has always paid 400 then gradually to 600 per month. Now she has turned 18 it has stopped.

ScottGem · Dec 20, 2012, 04:37 AM

Originally Posted by help1969

Nothing he has always paid 400 then gradually to 600 per month. Now she has turned 18 it has stopped.

Generally support stops at 18, though some states extend it. In Tx it is until 18 unless a COURT agreement extends it.

Looks like you may have made a big mistake by not going to court and getting the support order established in court. It is probably too late now.

On the other hand, you may have gotten less in terms of the amount of support if you went through the courts. No way to tell without knowing his income and other factors.

help1969 · Dec 20, 2012, 04:56 AM

Originally Posted by ScottGem

Generally support stops at 18, though some states extend it. In Tx it is until 18 unless a COURT agreement extends it.

Looks like you may have made a big mistake by not going to court and getting the support order established in court. It is probably too late now.

On the other hand, you may have gotten less in terms of the amount of support if you went through the courts. No way to tell without knowing his income and other factors.

He net about 3700 a month. And law goes by state I live in correct

cdad · Dec 20, 2012, 05:38 AM

Originally Posted by help1969

He net about 3700 a month. And law goes by state I live in correct

Yes it does. Your state law is what determines your child support.

ScottGem · Dec 20, 2012, 05:41 AM

Actually, jurisdiction lies in the home state of the child. There are a lot of factors that go into a child support calc, so I really can't tell from just his net, whether you got more or less than you might have if you went to court.

But its really a moot point. I really doubt if a court would accept a petition for support at this point in time. My guess is they will say you had every chance to file for court ordered support and didn't. And since she is now a adult, there is no reason to award support at this time.

On the other hand the court might take the position that he tricked you into staying out of court and got away with a lower support over the years.

I don't think they will look at it like that, but they might, especially if you have a good lawyer.

help1969 · Dec 20, 2012, 05:51 AM

Originally Posted by ScottGem

Actually, jurisdiction lies in the home state of the child. There are a lot of factors that go into a child support calc, so I really can't tell from just his net, whether you got more or less than you might have if you went to court.

But its really a moot point. I really doubt if a court would accept a petition for support at this point in time. My guess is they will say you had every chance to file for court ordered support and didn't. And since she is now a adult, there is no reason to award support at this time.

On the other hand the court might take the position that he tricked you into staying out of court and got away with a lower support over the years.

I don't think they will look at it like that, but they might, especially if you have a good lawyer.

Thanks don't look very promising for me.