Q: If there has never been a child support order can she ask for back support? She willingly waived her right for support.
A VAP was filed in August 2013 establishing paternity. The mother has never filed for child support. In October the father filed a petition for time allocation as she quit allowing visitation. The father supported her and the child through 2015, the father than shared equal parenting time until March of 2017 and the mother stated she did not want child support as they had equal financial obligations. In response to the petition for time sharing the mother is now petitioning for child support and in addition is asking for back support for the last at least 3 years. Is she able to do that as there is technically no back support owed and she has willingly waived her right to support for nearly 5 years? The mother and father were never married.
A: She cannot gwt back support under these conditions.
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