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    shaxie's Avatar
    shaxie Posts: 5, Reputation: 1
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    #1

    Jul 14, 2012, 10:43 PM
    Child support
    I never filed for child support when my daughters father left. She is now 18 and college bound, could we file now?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Jul 15, 2012, 06:07 PM
    It depends on which state has jurisdiction.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Jul 15, 2012, 07:37 PM
    Agree with GV... if you live in a state that allows for retroactive support, then you may be able to file. If you state does not allow for retroactive support, then no.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 15, 2012, 07:42 PM
    Agree, also if your state allows support past 18 if she is in college you may try also.
    shaxie's Avatar
    shaxie Posts: 5, Reputation: 1
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    #5

    Jul 16, 2012, 04:49 AM
    California is the state.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 16, 2012, 04:52 AM
    Even if a state allows for retroactive support, I doubt if it will be allowed in this case. Unless the reason you never filed for support was because the father had disappeared or had no income at the time, your neglect to file will not be rewarded.
    shaxie's Avatar
    shaxie Posts: 5, Reputation: 1
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    #7

    Jul 16, 2012, 09:22 PM
    Quote Originally Posted by GV70 View Post
    It depends on which state has jurisdiction.
    The state is California. Nothing was ever filed due to the fathers lack of income and violent behavior. At the time I just wanted to leave and be safe. Now that she is going off to school it would be helpful. Is this possible.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Jul 16, 2012, 11:34 PM
    California law ends a parent's legal duty to pay child support when an 18-year-old child completes high school or turns 19. California courts can't require even very wealthy parents to pay their children's college expenses once their kids reach adult age and are able to support themselves.

    Paying for College When Parents are Divorced - Lawyers.com
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 17, 2012, 03:03 AM
    Quote Originally Posted by shaxie View Post
    The state is California. Nothing was ever filed due to the fathers lack of income and violent behavior. At the time I just wanted to leave and be safe. Now that she is going off to school it would be helpful. Is this possible.
    Now you are paying the price for that safety. I would suggest you consult an attorney, but I'm afraid the answer is going to be no.
    shaxie's Avatar
    shaxie Posts: 5, Reputation: 1
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    #10

    Jul 17, 2012, 03:10 AM
    Quote Originally Posted by GV70 View Post
    California law ends a parent's legal duty to pay child support when an 18-year-old child completes high school or turns 19. California courts can't require even very wealthy parents to pay their children's college expenses once their kids reach adult age and are able to support themselves.

    Paying for College When Parents are Divorced - Lawyers.com
    Thank you. I just thought it could help her. We can figure it out. He probably still has no job.
    shaxie's Avatar
    shaxie Posts: 5, Reputation: 1
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    #11

    Jul 17, 2012, 03:13 AM
    Quote Originally Posted by ScottGem View Post
    Now you are paying the price for that safety. I would suggest you consult an attorney, but I'm afraid the answer is going to be no.
    Thanks. We will figure it out. He probably has never worked in these 18 years. And our safety was far more important.
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