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Can I ask the Child Support Agency to make my ex pay me 100% back up child support?

Carlsbad, CA |

Oct 2012, I filled for child support modification since I hadn't received any child support from my ex at this time he has 45% but he wasn't sticking to the order. He stop seeing our daughters from October 2012 to May 2013. We recently went to court and they granted him 14% custody. His attorney also filed a paperwork stating he hadn't seen our daughters from October 2012 to May 2013 and that he didn't help financially. I want to ask child support to calculate back up child support in the percentage of 100 to me since he hasn't been able to stick to his schedule and from on now 14%. Can I do that

Attorney Answers 2

Posted

The court only has jurisdiction to consider the ordering support to the date of filing. It can't go retroactive beyond it. Many parents think they can file for child support anytime and get an order from birth. They're wrong and end up only getting a few years.
You have to file and modify to get any change in support.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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Posted

No, you cannot get retroactive child support. It would be a violation of the other parent's due process. See below for more explanation.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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