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Kids are 26 and 22. Never rec child supp't. Talked out of filing.by husband. Can I file now and recover some $ of raising alone.

Los Angeles, CA |

Husband and I are still married. Been living seperately since '91.
The state is California.
Child Support never filed in court.
I am not working and undergoing financial hardship.
Myself and son(22 years) are homeless.

Attorney Answers 1

Posted

Unfortunately, you cannot generally go back and recover child support for the past because it would violate the due process rights of the payor. The law requires notice and an opportunity to be heard, so if you did nothing before now, you have essentially forfeited your rights to collect past child support. It pains me to hear that mothers (and fathers) do not file for child support and allow years and years to go by before contacting an attorney for help. That is unfair to your children who deserve to be financially supported by BOTH parents. Let this be a warning to others: please seek the assistance of counsel, Child Support Services, or the Family Law Facilitator's office--help is out there.

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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