My husbands has been paying child support to his ex, but went to school, moved 6 states away, and has a better job now than he had before. He talked to her about court and she said she didn't want to do it again, and leave child support the same. He isn't behind on child support, and does send extra money monthly or bimonthly. He also sends clothes, toys, pays bills, has health insurance coverage for her, and me my husband and our son we had together fly back 6 states away for a week to see her, since she will not let us have her for summers. Although, he does have part custody. In a nutshell with these facts and we go back to court to fight to see her more, would we have to pay back child support since he ha a better paying job although she verbally told us to leave it the same?

Most states treat support and visitation as separate issues. So, if he files for visitation it will be treated separately. However, that doesn't mean the mother can't counter file for increased support. If she does the two issues will be separate. But if the formula for support show he is paying too little then its likely he will be ordered to pay more.

Ok thanks! We are figuring she will up it an that's fine. Been trying to since he moved but she said she didn't want to go to court over that to leave it the same. My husband even called DCCS and asked them to just up it a few hundred dollars from his pay check an they said he couldn't without a court order. So will this mean she can get him for back child support from when he started his new job until currently even after she verbally agreed to the amount he is paying now?? Thanks so much!

No, its unlikely the court will order back support.

Thanks so much!!

But a few states man, remember most orders say the court has to be notified if there is major changes in pay.

And most support changes do not require the people to appear in court, here in GA, they just require proof of incomes and do it by set procedure.

Gifts are not support, clothes, and other items and money are just that gifts.

If he pays more, you show on the check the statement "additional or extra child support)

But honestly he needs to take all of this though court.

We live in Atlanta she lives in SD. We don't care to up it and have tried but she didn't want to go back to court just to up it. So we voluntarily sent money and gifts to compensate. Uping child support is more than fine. Just was unsure of paying back child support since she didn't want to go to court to up it since he now makes more money at his current job.