Q: Can an ex spouse demand more money after the child reaches the age of majority?
My husband has been paying child support to his ex for years. No court order and no written agreement. He writes her a check every month and hand delivers it to her. She has never brought him to court over the amount. She just cashes the check and sends him a text reminder the following month. Their son will reach the age of majority in December 2022. After he reaches that age and my husband is no longer legally obligated to pay child support, can the ex then decide she didn't get enough over the years and take my husband to court to get more money?
A: No, a court can only order child support from the date something is filed asking for it, or "from the date of judicial demand."
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.