Q: Can a custodial parent get back child support if there was never an agreement for an amount?
The 8 year old child lives with her mom and I get her every other weekend. I pay 300$ a month. We've never had a written agreement or anything for payments. Can she potentially get back child support? We haven't lived together in about 5 years.
A: When child support is established, it may be established retroactively for up to three years. So, yes, theoretically she could ask for back support for up to that amount of time. I'll warn you that the amount you pay is very little based on your limited parenting time. While you could try to offset retroactive establishment with what you've actually paid, you may still have a significant deficit. Additionally, the family court can treat those payments as a gift and not count them at all toward the arrears, if such exist. You may want to consider filing to protect yourself.
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