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    soultrain92's Avatar
    soultrain92 Posts: 2, Reputation: 1
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    #1

    Feb 2, 2012, 12:35 AM
    Child Support
    I had filed for child support 5/26/2011, on 1/26/2012 my last court date I presented to the court a order to move the case from family court to supreme court because from 5/2011-1/2012 I was presented with divorce papers from my husband who was asking in the divorce decree for custody and support from me. In our 1/31/2012 supreme court appearance a settlement for our divorce was reached, but nothing addressing the back child support was addressed. I had not received support from my husband from 5/2011-1-2012,and he never showed up to any of the family court appearances that when I went to court the judge was going to issue a sheriffs warrant on him. My question is can I refile for the back support? Or is he off the hook for the back? Mind you in the settlement he requesting for the tax year 2011 the right to claim my son on his taxes cause I claimed my son in 2010, so he gets to claim child for year he provided support.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 2, 2012, 04:42 AM
    This is confusing. You filed for support in 5/11. You did this in Family Court. This filing was NOT part of a Divorce action? If not, what was it? Your ex then filed for divorce in Supreme Court (what state by the way?)? When and Why did he do that if there was an already pending case? Why are YOU asking for the change in venue?

    But the bottom line appears to be that if the Divorce has been settled and signed off on, it should have included an agreement on support and how much back support is owed. If it didn't and you agreed to it, then its likely you let him off the hook. Do you have an attorney?

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