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

    Jan 26, 2012, 02:40 PM
    Can I file for back child support?
    I have a son who is now 15 years old. His father and I separated when he he about 1 1/2 yrs old. Even when we were together, we lived in his grandmas home. I worked he didn't. My mother would watch my son till I got off work. While he stood home having a ball. When we separated I did not file for child support. He never provided for his son or seen him very often. By the time my son was in kindergarten, his Dad got thrown in jail(PRISON). When I tried to file for Child support I was told I couldn't because he was in Prison and the government was taking care of him( the dad). So they could not do anything for us. Then I met my husband , and he took care of both of us. My son's Dad just about 5 months ago got out of Prison. Am I able to file for back child support?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 26, 2012, 02:55 PM
    Location matters but as a rule, no. You would have to ask the Court to status of your original request - did you file and it was denied or did you not file because you were told you would not be successful?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 26, 2012, 03:13 PM
    In the US there are a few states that allow, but most do not. And it will still be based on income and/or income estimates during those years, But you need to "file" also anyway back or not.

    Also I really feel someone told you wrong, you normally can file if they are in prison, the case may be either decided with little due, most states have a min that should be paid. It is just that you could not have gotten anything, not that you could not file

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