Is she entitled to back child support?

Dapperfellow2467 · 2025-12-26T16:05:00+00:00

You Americans are different. In my country we would ban together to make her dissapear if she ever tried to take money from a man. America sounds worst ever year it seems like

biscuts99 · 2025-02-04T03:22:40+00:00

Depends on the state. In missouri CS is started to the date she filed for it, not the date separated. The difference is only 2 months for me but she constantly brings up how i "wouldn't help her" blah blah blah.

nostracannibus · 2025-01-31T19:24:33+00:00

In NY state she is only entitled collect from the day she filed.

Make sure you pay in checks so that you have evidence of payment.

Beauty2218 · 2025-01-31T18:37:52+00:00

In my state they are entitled to retroactive child support and alimony however you could charge for half the mortgage, house insurance and property tax.

Excellent-Football57 · 2025-01-31T17:10:53+00:00

They're entitled to anything they want

Pay out the ass for a lawyer would be my suggestion

Aggravating-Ad-5793 · 2025-01-31T13:57:43+00:00

In my state, back child support only goes back to the date that the receiving parent filed a child support case with the court. So, even if you have been separated for two years, and she only filed a child support petition three months ago, the back pay would only extend for 3 months.

I'm not saying any other state is the same. And you should definitely consult a family law attorney in your jurisdiction. Some things are too important to trust to Reddit

rsmiley77 · 2025-01-31T01:10:36+00:00

Short answer is yes you are probably responsible for those months. The money you paid will be deducted from whatever you agree to pay as long as you have proof for paying it and why you paid it.

Just a heads up that child support is the only part of a divorce that a court will 100 percent not care about an agreement. Their stance is that the money is for the children who are minors and need a third party to negotiate on their behalf.

RacinRandy83x · 2025-01-31T00:13:12+00:00

Probably should ask your lawyer and not argue with your soon to be ex wife about it

RevolutionaryLaw8854 · 2025-01-30T23:27:33+00:00

In New York State, child support obligations are typically established from the date a formal petition is filed with the court. This means that any retroactive child support—covering the period between the filing of the petition and the issuance of the support order—may be owed. However, retroactive support generally does not extend to periods before the petition’s filing.

Therefore, if a custodial parent did not file a petition for child support at the time of separation, the non-custodial parent is usually not responsible for support payments prior to the filing date. It’s important to note that retroactive child support is not automatic; the custodial parent must request it, and the court will consider factors such as the reasons for the delay in filing and the non-custodial parent’s ability to pay.

In other words - you need a lawyer

regertsrus · 2025-01-30T22:46:40+00:00

She is entitled to back CS in NY. She is also entitled to you paying for a portion of her lawyers fees retro actively. Its best you use the state calculator now, and just start paying her voluntarily for child support. The alternative is "pendente lite" and she will win. Her lawyer will escallate and then you pay more

Unusual_University14 · 2025-01-30T22:22:01+00:00

If this is an agreement, then she can ask what she wants and you accept or counter with what you want. Typically CS is a calculator, you can figure out what she's due, what you've paid and look at the difference compared to the cost of the fight and not getting an agreement. But be thorough about what you've paid. Continued to pay her car insurance, that goes into the pile.

Exciting-Pomelo1227 · 2025-01-30T22:19:45+00:00

What she's "entitled" to and what the mediator gives her are different things. She should have child support while separated, but how much that would be will vary based on your income differential. My guess is that her lawyer will tie a lump sum for back support as part of her agreement in the settlement, and you'll have to decide whether to pay up or push to trial, where you'll spend a fuck of a lot more money.

Yes, the system is rigged, but courts are incredibly supportive of the mother and the child and child support, even if she initiated the divorce.

47omek · 2025-01-30T22:11:23+00:00

Has she filed a motion for support? Sometimes back support may be ordered back to the date of the original motion for support if it is later granted, but it's unlikely any support will be ordered for prior to the motion date. Just sounds like she's trying to cash-grab everything she can by bullying you into things she wouldn't get at trial.

pk2at · 2025-01-30T22:09:48+00:00

At this late age, why not wait till the children are over 18? After that age you don't have to include them as part of the process and CS is never discussed

leaving4me · 2025-01-30T21:31:43+00:00

This might be a question for an attorny and how relates to your jurisdiction. My attorney advised me that there is no back support. Support begins when is motioned for and granted. In my case there has been a lengthy separation where my EX has withheld parenting time without cause prior to me filing while we attemted to work out an agreement. She also earns 1.5 times my salary so while she believes she is entitled to back CS, the reality is if I am granted equal parenting time she will be paying me CS.

Objective-Fan-5464 · 2025-01-30T21:27:25+00:00

Unless you have an order in place, she isn't entitled to anything.

Reflog1791 · 2025-01-30T21:16:35+00:00

“Giving her some money” is so vague no arbiter or mediator will even consider it.

Make a spreadsheet with the date and the amount paid. Have receipts to back up each entry.

Categorize them. You want a bunch of $ categorized as “family support.” Others should say, dental reimbursement, doctors copay, birthday party etc. Do your homework and get organized.

If you’ve been sending money in line with the state CS guidelines you’ll be fine. If you’ve given her $50 cash here and there you might be on the hook for 7 months of back child support.

If you make way more money than her consult 3 lawyers before you go to mediation. She doesn’t have to know.

Ignore what you think is right or fair and stick to what the mediator and judge want to see… RECEIPTS.

Syyina · 2025-01-30T21:14:36+00:00

Were you married? If so, will you be getting a divorce?

Assuming it’s yes, your divorce decree should spell out support, custody, and visitation. If you use lawyers they can negotiate those things. Some judges will be more favorable toward you if you voluntarily supported your children while you were separated from your wife.

States have different laws, but my daughter was only 2 when her father and I got divorced. My lawyer told me that custody, support, and visitation are never truly final until the kids are grown. The divorce decree should include a property settlement, and that won’t change, but either partner can take the other back to court to renegotiate custody, support, or visitation while the kids are minors.

Is she entitled to back child support?

Comments

^ THIS ^

Title	Is she entitled to back child support?
Author	HwySuper865
Upvotes	11
Comments	34
Date	January 30, 2025 9:02 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1idxfxp/is_she_entitled_to_back_child_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/is-she-entitled-to-back-child-support.1542577 https://theredarchive.com/post/1542577