Q: Can my ex-wife file & receive back child support for our 2 daughters for the 12 years I was incarceeated?
I was incarcerated in 2006 when our daughters were 5 and 3. I got out in 2018. Have been providing support as much as I can but not regularly as I don't make much and am an hourly employee so my pay fluctuates. Our daughters are 18 (graduating in May 2020) and 16 now and my ex-wife is threatening to file for back child support. Can she collect back child support when I only made an average of $25/mth as a prisoner? And if so how do they calculate the back amount? She makes far more than me now and could have filed while I was locked up but didn't. They live in Belleville IL but I live near Atlanta Ga.
A: She can file for child support to get payments from now and going forward, but not for the past. Since your one daughter is graduating in May you wouldn’t have to pay child support on that one after that point. The other daughter is 16, so she could file to get child support for the next two years. -Homer P. Jordan IV, Esq. 404-620-1558
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