Hi, my name is birthageok. My daughter is 20 yrs old at college. I have never missed the child support. But, for the past ten years, my ex didn't ask for the increase on the child support. Now my daughter is at College. I don't have money to pay for all her college expenses on top of the child support. My ex keeps threatening me about taking me back to court to retro the child support increase based on the living expenses increases if I don't pay for my daughter's college expenses. Can she go back ten years and ask the judge to retro an increase for the past ten years? Thanks.

Where are you? Everywhere has different laws.

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Originally Posted by birthageok

Hi, my name is birthageok. My daughter is 20 yrs old at college. I have never missed the child support. But, for the past ten years, my ex didn't ask for the increase on the child support. Now my daughter is at College. I don't have money to pay for all her college expenses on top of the child support. My ex keeps threatening me about taking me back to court to retro the child support increase based on the living expenses increases if I don't pay for my daughter's college expenses. Can she go back ten years and ask the judge to retro an increase for the past ten years? Thanks.

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Are you required to pay your daughter's college expenses or are you paying them in additional to Court-ordered support?

I've personally never seen the Court order additional retroactive child support if the child support has been paid as scheduled. In theory your child's mother had the option of filing for additional support over the past 10 years and chose not to do so. She, therefore, cannot come into Court now and attempt to claim retroactively.

Are you in the US - and the State matters.

I live in NJ. When I was divorced 19 years ago, we agreed on the divorce paper that both the mother and I are responsible for 50% of the college expenses. However, based on our current financial situation, neither the mother or I could possibly afford $ 20,000 a year each for her college expenses. I am still paying for the child support each month right now. And I do give her money here or there for some odd expenses when she needs it.

Thanks a lot for your answers.
Birthageok

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Originally Posted by birthageok

I live in NJ. When I was divorced 19 years ago, we agreed on the divorce paper that both the mother and I are responsible for 50% of the college expenses. However, based on our current financial situation, neither the mother or I could possibly afford $ 20,000 a year each for her college expenses. I am still paying for the child support each month right now. And I do give her money here or there for some odd expenses when she needs it.

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Assuming this is actually Court ordered the only way to change it is to go back to Court and get another Order.

The language in NY is very often that parents will pay anything over and above student grants and scholarships and sometimes loans. There are also caps on how many years the student goes to College - no perpetual students with Mom and Dad footing the bill.

Does your Order have that clause?

In order to avoid confusion and some problems, I would present the financial info to the Court and let them determine what you should pay, what amount.