Back child support regarding 2 children, same parents, different custody arrangements.

Asked about 2 years ago - Kingsport, TN

Back child support regarding 2 children, same parents, different custody arrangements.

I had custody of my daughter from birth to 2 years of age. I never took out a child support case during that time. Can I ask the courts for back pay now, even though my daughter currently lives with her father and I pay child support? My daughter is now 6 years old now.

I had custody of my son from birth to 4 years of age. I never took out a child support case during that time. Can I ask the courts for back pay now, even though my son currently lives with his father but the paternal-grandmother has custody? I do not pay child support. My son is 8 years old now.

Both children have the same father!

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    Answered . You're going to need to consult with an attorney licensed to practice in your state. You can find one on this site, or at http://apps.americanbar.org/legalservices/lris/...

    In the meantime, you have to prepare for court, so you must act as though you're "living under glass" - that is, act like you're being observed and judged for your behavior. Mostly this matters with communications. I suggest you conduct all of your communications with this person in a form that leaves a written record. Email is great for this. Avoid talking on the phone - you want all those statements in writing. (Recording someone's statements on the phone, without their knowledge, may be a crime.) Remember at all times that your communications will one day be read in court by a judge, so remain ever polite and professional. Don't use insults, curse, or call names. Write what you want to be seen to have written. Child custody cases often come down to 'reasonableness contests' - you want to look like the more reasonable and patient and good one, the better parent.

    Note that I am not licensed to practice in Tennessee, so this is just general advice. I can tell you that in Oregon, you generally can't get child support assessed back from before you actually filed to modify. But laws vary. You should consult with an attorney in your state.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

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