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shortguy312000 · Nov 27, 2007, 10:23 AM

Hello can anyone help with an answer.?

Here is my question. My son who is 17 years old soon to be 18 in February of 2008 and this is his last year of school (his senior year) Moved in with his mother she is now seeking child support to which we already had the meeting for that and was re scheduled because I have 60/40 custody papers the Facilitaor asked if I had papers to show thias I said yes.

My Question to Anyone who can answer is will I have to pay any back support since she did not File for Custody First?? And she is now going for Custody. Once she files that then don't she have to file for support then back support starts from the day she files am I right?? I live in Pennsylvania.

Thanks to anyone who can anser this... :)

cjonline · Nov 27, 2007, 10:33 AM

The back dating of the support should go to the date she filed. Though she can ask for it to be back dated to the first day the child went to live with her. Depending on the Judge and the reason your child went to her to begin with it could go either way.

JudyKayTee · Nov 27, 2007, 12:16 PM

Originally Posted by shortguy312000

Hello can anyone help with an answer.????

Here is my question. My son who is 17 years old soon to be 18 in February of 2008 and this is his last year of school (his senior year) Moved in with his mother she is now seeking child support to which we already had the meeting for that and was re scheduled becuase I have 60/40 custody papers the Facilitaor asked if I had papers to show thias I said yes.

My Question to Anyone who can answer is will I have to pay any back support since she did not File for Custody First ??? And she is now going for Custody. Once she files that then dont she have to file for support then back support starts from the day she files am I right ???? I live in Pennsylvania.

Thanks to anyone who can anser this.....:)

If you didn't pay support because there was no support order, no, you cannot be held responsible for back support. She cannot file retroactively. Was that your question?

(If you and she had some sort of verbal agreement and you didn't pay, then that's a matter for Small Claims, your word against hers.)

shortguy312000 · Nov 27, 2007, 12:50 PM

Originally Posted by cjonline

The back dating of the support should go to the date she filed. Though she can ask for it to be back dated to the first day the child went to live with her. Depending on the Judge and the reason your child went to her to begin with it could go either way.

What I am asking is she filed for support BUT she does not have Custody I have the papers to show I do. What she did was file for support when SHE doesn't Have Custody I was told Custody has to be filed FIRST before you can file for support Is this True and if so am I Liable for and support she asked for before she filed for Custody??

macksmom · Nov 27, 2007, 03:08 PM

Originally Posted by shortguy312000

What I am asking is she filed for support BUT she does not have Custody I have the papers to show I do. what she did was file for support when SHE doesnt Have Custody I was told Custody has to be filed FIRST before you can file for support Is this True and if so am I Liable for and support she asked for before she filed for Custody ???

Custody needs to be established first... because obviously if you have custody and the child is living with you (for example) then of course you wouldn't have to pay support to the mother when the child is not living with her.

So even though the child has moved, custody stills needs to be addressed first.

Once that is addressed, and if she is awarded custody then it is up to a judge weather they choose to backdate the support from the day the child moved there, or from the day the mother filed.

But you could argue that techincally, by law the child should be living with you until custody has been legally change, thus you shouldn't have to pay support because the child should have been with you.

I would definitely consult an attorney though.