Check out some similar questions!

Jayfooey · Jul 29, 2009, 06:38 PM

In California, My ex and I divorced in 2003, then my daughter ages 14 & 11 live with me until the ages of 19 & 15, my youngest moved to live with her Mom in 2008 because of failing grades. The whole time my daughters lived with me I never asked their Mom for Child Support, But now in 2009 my ex-wife is going to have me pay child support. Is there a way to get back child support for the years my daughters lived with me?

Is it possible to cancel the new child support my ex-wife is asking for for my 17yr old daughter, because of Child support that should be owed to me for my 2 daughters when they lived with me?

If back child support is possible, how would I go about getting it?

Jayfooey · Jul 29, 2009, 06:42 PM

I forgot, My Ex-wife and daughter live in North Carolina, I live in California

cdad · Jul 29, 2009, 06:48 PM

First off where did the original orders come from ? Cali or NC ? That may make a difference. Also was all of this done through the courts or were you both doing it on your own ?

Fr_Chuck · Jul 29, 2009, 06:51 PM

Was there a child support order in place to pay you child support that you merely did not enforce??

If there was , yes you can go after back. If there was never a child support order, it is really too late now.

cdad · Jul 29, 2009, 06:55 PM

Originally Posted by Fr_Chuck

Was there a child support order in place to pay you child support that you merely did not enforce ???

If there was , yes you can go after back. If there was never a child support order, it is really too late now.

Mostly its going to depend on the state and how the laws read. There are states that recognize what's now being called a " shared parenting plan ". Those types of plans are long term and not just the week week trade offs. Its more like for JrHigh / Middle school live with Dad and then for High School live with Mom. It is possible for niether parent to pay child support under such a plan. Op may be able to convince the courts that this type of plan was being followed. That's provided the laws of the state holding jurisdiction allow for it.

Jayfooey · Jul 29, 2009, 07:02 PM

I never pursued child support, my ex-wife was named the custodian parent, even though the children lived with me.
The orders are just now coming through from N.C. My Ex-wife is unemployed so she's going through the State to help her.

I got a form FL632
Notice regarding payment of Support
The box "Substitution of payee" is checked...
Not sure what that means, Guess I have to go to child support services to have them explain it to me.. :(

cadillac59 · Jul 29, 2009, 07:21 PM

Originally Posted by Jayfooey

I never pursued child support, my ex-wife was named the custodian parent, even though the children lived with me.
The orders are just now coming thru from N.C. My Ex-wife is unemployed so she's going through the State to help her.

I got a form FL632
Notice regarding payment of Support
the box "Substitution of payee" is checked...
not sure what that means, Guess I have to go to child support services to have them explain it to me.. :(

California has exclusive jurisdiction over child support.

If the disso decree did not provide for child support, then your ex can get support only retroactive to the date she files a motion for it. You cannot get support for the time the kids were with you unless the disso judgment specifically reserved jurisdiction for it to be ordered retroactively to a specific date. That's not usually done.

Since oldest is beyond child support age so there is no issue as to her.

The FL-632 form is simply the California Department of Child Support Services document telling you that they are the ones to whom support is to be paid because of the state's payment of welfare benefits to the custodial parent.

cdad · Jul 29, 2009, 07:22 PM

Is the FL - 632 out of California or out of North Carolina ?

cdad · Jul 29, 2009, 07:25 PM

Originally Posted by Jayfooey

I never pursued child support, my ex-wife was named the custodian parent, even though the children lived with me.
The orders are just now coming thru from N.C. My Ex-wife is unemployed so she's going through the State to help her.

I got a form FL632
Notice regarding payment of Support
the box "Substitution of payee" is checked...
not sure what that means, Guess I have to go to child support services to have them explain it to me.. :(

Which box is checked under substitution. It sounds like NC released it to Cali for collections and now they are trying to collect ?

cadillac59 · Jul 29, 2009, 07:32 PM

Originally Posted by califdadof3

Which box is checked under substitution. It sounds like NC released it to Cali for collections and now they are trying to collect ?

It's the California form they use in welfare reimbursement cases.

NC is only enforcing the California order since NC does not have jurisdiction over the case.

cdad · Jul 29, 2009, 07:39 PM

Originally Posted by cadillac59

It's the California form they use in welfare reimbursement cases.

NC is only enforcing the California order since NC does not have jurisdiction over the case.

I guess I was confused because it wasn't clear to me where the original Divorce etc took place. And from what the Op has said he never sought child supprt so I wasn't sure who actually could hold jurisdiction. If it all started in NC then it returned to NC with the child wouldn't they hold it until they give it away ?

cadillac59 · Jul 29, 2009, 07:45 PM

Originally Posted by califdadof3

I guess I was confused because it wasnt clear to me where the original Divorce etc took place. And from what the Op has said he never sought child supprt so I wasnt sure who actually could hold jurisdiction. If it all started in NC then it returned to NC with the child wouldnt they hold it until they give it away ?

If the case had started in NC, the parties moved away, but the mom and the kid moved back to NC then yes, jurisdiction would still be in NC unless there had been an intervening modification somewhere else. But it all started in California as I understand it.

Jayfooey · Jul 29, 2009, 07:55 PM

Yes the case number is my old divorce case number...

They haven't garnish my wages as of yet...
Is there a way to tell them the money I've been sending my daughter?
I've been sending what I can, as I don't make a lot of... and Now I'm sure it will put me under, and have to BK

Jayfooey · Jul 29, 2009, 07:56 PM

The Divorce was in CA, my Ex-wife moved to NC, my Daughter now lives with My Ex-Wife in NC.

cadillac59 · Jul 29, 2009, 09:54 PM

Originally Posted by Jayfooey

The Divorce was in CA, my Ex-wife moved to NC, my Daughter now lives with My Ex-Wife in NC.

As long as you stay in California it's always going to be a California case on both child support and child custody.

Itemize everything you paid the ex voluntarily while your child was with her and you should get a credit toward any retroactive child support that is ordered.

s_cianci · Jul 29, 2009, 10:06 PM

I'm not sure you're in a position to get back child support now since you never filed for it at the time. If I understand your thread correctly you have 1 child with you (age 19) and your ex has 1 (age 15) child with her. Your 19-year-old may not even be eligible for child support any longer ; it depends on your specific state and circumstances. But if she isn't, then it's not likely that the court would entertain any motion asking for arrearages after the fact. So what you need to do is find out if she is still eligible to collect child support Is she a full-time student, either still in high school or in a post-secondary institution? Is she disabled? These are two common exceptions that render one eligible for child support even after the age of 18. But also bear in mind, because of her adult status, if she is in fact eligible to collect child support, any monies that she'd receive would probably go directly to her and not to you. So, if you do find out that she's still eligible for child support, you (or actually she, given her age) should file a motion for child support just like your ex is doing. You can ask that you be awarded some type of arrearages but I wouldn't hold my breath waiting for that to happen. Your ideal scenario now is that if your income and your ex's income are approximately equal, then the respective child support amounts cancel themselves out, so to speak. But if your income is substantially higher than hers, then you'll be paying.

cadillac59 · Jul 29, 2009, 10:11 PM

Originally Posted by s_cianci

I'm not sure you're in a position to get back child support now since you never filed for it at the time. If I understand your thread correctly you have 1 child with you (age 19) and your ex has 1 (age 15) child with her. Your 19-year-old may not even be eligible for child support any longer ; it depends on your specific state and circumstances. But if she isn't, then it's not likely that the court would entertain any motion asking for arrearages after the fact. So what you need to do is find out if she is still eligible to collect child support Is she a full-time student, either still in high school or in a post-secondary institution? Is she disabled? These are two common exceptions that render one eligible for child support even after the age of 18. But also bear in mind, because of her adult status, if she is in fact eligible to collect child support, any monies that she'd receive would probably go directly to her and not to you. So, if you do find out that she's still eligible for child support, you (or actually she, given her age) should file a motion for child support just like your ex is doing. You can ask that you be awarded some type of arrearages but I wouldn't hold my breath waiting for that to happen. Your ideal scenario now is that if your income and your ex's income are approximately equal, then the respective child support amounts cancel themselves out, so to speak. But if your income is substantially higher than hers, then you'll be paying.

There's no mystery about child support regarding a 19 year old. You can't get it in California. Period. (Cal. Fam. Code Section 3901(a)). And this OP said this is a California case. Plus there is no child support available in California, in this particular OP's case, for any period before a motion is filed in which support is sought. No motion on file, no arrearages before the date of the filing of the motion. This is very straightforward. Plus, California has no college-level support. Never has and probably never will.

Finally, even in cases of adult kids between 18 and 19 who are child support eligible, the support ALWAYS goes to the custodial parent and NEVER to the child.

JudyKayTee · Jul 30, 2009, 01:37 PM

Originally Posted by s_cianci

I'm not sure you're in a position to get back child support now since you never filed for it at the time. If I understand your thread correctly you have 1 child with you (age 19) and your ex has 1 (age 15) child with her. Your 19-year-old may not even be eligible for child support any longer ; it depends on your specific state and circumstances. But if she isn't, then it's not likely that the court would entertain any motion asking for arrearages after the fact. So what you need to do is find out if she is still eligible to collect child support Is she a full-time student, either still in high school or in a post-secondary institution? Is she disabled? These are two common exceptions that render one eligible for child support even after the age of 18. But also bear in mind, because of her adult status, if she is in fact eligible to collect child support, any monies that she'd receive would probably go directly to her and not to you. So, if you do find out that she's still eligible for child support, you (or actually she, given her age) should file a motion for child support just like your ex is doing. You can ask that you be awarded some type of arrearages but I wouldn't hold my breath waiting for that to happen. Your ideal scenario now is that if your income and your ex's income are approximately equal, then the respective child support amounts cancel themselves out, so to speak. But if your income is substantially higher than hers, then you'll be paying.

I'm sure - OP is in California. Filing cannot be made now and no child support at age 19.

To the best of my knowledge the child NEVER collects child support. It continues to be paid to the custodial parent. This was a hot topic some time ago. If you have Law to the effect that it CAN be paid directly to a child, please post it.

https://www.askmehelpdesk.com/family...-262698-3.html

Jayfooey · Aug 4, 2009, 04:45 AM

How long is child support payments? Is it until the Child is 18 or Until they finish high school?

ScottGem · Aug 4, 2009, 05:12 AM

Originally Posted by Jayfooey

How long is child support payments? Is it until the Child is 18 or Until they finish high school?

Generally its whichever comes later.

Let me recap a bit here. You were divorced in CA and the order gave custody to your ex. However, despite the court order the children stayed with you and your ex moved to NC. You never filed for a modification of the order. Now, the younger child has moved in with your ex and your ex has applied for public assistance. Because of that, the state has gone after you for child support. Because CA still has jurisdiction, they are collecting the support to forward to NC.

If I have recapped correctly, then you cannot get retroactive support or even a credit against future support. The reason for this is that you never filed for support in the first place. You cannot get support prior to the date you filed for it.

In fact there is an outside chance your ex could get retro support from you. If the original divorce order specified that you would pay her support since she was awarded custody. She could try and collect that. You would then have to prove that the children were living with you during that time.