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    gatita50's Avatar
    gatita50 Posts: 1, Reputation: 1
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    #1

    Apr 20, 2012, 02:22 PM
    Can I file for back child support?
    My children are adults now , but my ex moved to Mexico [ before the divorce was final] when they were 8 and 11 and it was not establish the child support. Now he is back and would like to know if I can file for back child support.



    Thank you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 20, 2012, 02:45 PM
    If there was no child support ordered and now they are adults, no, you cannot go to Court and request child support.

    If there was an order but he didn't pay it, yes, you can get it enforced.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 20, 2012, 04:34 PM
    ANY question on law needs to include your general locale as laws vary by area. Some area do allow a retroactive award. If the father left the country to avoid support it is possible a court might award support. It's a longshot but a possibility.

    If you received public assistance, the state may want to recover what they paid you. I would talk to a local attorney who can advise you if there is a possibility of support being awarded.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 20, 2012, 04:48 PM
    Where you are living now, makes some difference, and if you can prove he moved just not to pay support or he moved because he was sad and wanted to be around his family.

    You will need an attorney to deal with this, since a lot of proof may be needed, if even possible, if you never filed, and even if he was not around you should have filed, but if you needed filed in most areas you can't file now.
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