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-   -   Back child support (https://www.askmehelpdesk.com/showthread.php?t=90822)

  • May 9, 2007, 08:56 AM
    shirjay
    Back child support
    Daughter is 17 dad has never paid child support even though he said he woul.he would give her money at different times. I just filed with DHS in our state and want to know how far back will she be able to collect. She has 1year of high school & will go to college.
  • May 10, 2007, 01:59 PM
    tawnynkids
    Ok well no one has responded so let me just tell you that unfortunately it really is just up to the judge. I have seen them go only from the time the child support case was "opened" to awarding a lot of arrears. But you waited a pretty long time to ask for it, they are probably going to want a really good reason as to why before they do order anything, if they do.
  • May 10, 2007, 04:05 PM
    NowWhat
    Was there ever a child support order in place? If there was and you didn't get a payment then it could go back to when the order was in place.
    Also - any money given outside of an order is considered a "gift"
  • May 15, 2007, 08:07 AM
    jverner
    Quote:

    Originally Posted by shirjay
    daughter is 17 dad has never paid child support even though he said he woul.he would give her money at different times. i just filed with DHS in our state and want to know how far back will she be able to collect. she has 1year of high school & will go to college.

    This will depend on your state's law. Here in Texas the statute says you can go all the way back so long as you file within ten years of the date that the child became an adult or child support ceased under the child support order or by operation of law.
  • May 15, 2007, 12:38 PM
    AW805
    Quote:

    Originally Posted by NowWhat
    Was there ever a child support order in place? If there was and you didn't get a payment then it could go back to when the order was in place.
    Also - any money given outside of an order is considered a "gift"

    If there was a child support order in place , any monies given outside of an order in not considered a gift. If he can prove that money was given (cancelled checks) the court will consider that.
  • May 15, 2007, 04:05 PM
    NowWhat
    Sorry - what I meant was that if there is no order - money given would be considered a gift.
    That is what I was told by an attorney when I was thinking of divorce. So - if that is wrong - I got the info. From an attorney.
  • May 17, 2007, 08:33 PM
    mzapata
    Quote:

    Originally Posted by shirjay
    daughter is 17 dad has never paid child support even though he said he woul.he would give her money at different times. i just filed with DHS in our state and want to know how far back will she be able to collect. she has 1year of high school & will go to college.

    I think 3 years now. Im not sure

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