Q: Can my husband get me for back child support now after my son graduated and we havent filed divorce yet
First and foremost, you are doing the right thing to do your research and consult with a legal representative rather than to fall victim to the fear of situations you may believe, or have been told by those who may not have your best interest in mind. It’s important to not let these misconceptions keep you from moving forward with a divorce if that’s truly what will benefit you most.
As to your question, if you and the child’s father are currently married, neither party is responsible for child support as the financial responsibility is assumed by both parents within the marriage. If, for example, your husband is not the child’s father, then the child support obligation falls on the child’s biological father. If the court has not ordered child support by either biological parent, then neither parent is obligated to pay child support to the other. Additionally, if your son has reached the legal age of 18 and graduated high school, then unless unusual circumstances exist, child support would no longer be required and would not be part of you and your husband’s divorce.
To summarize, upon divorcing, you would not owe your husband any back child support for either 1) your child that has now reached the legal age of 18 and graduated, or 2) financially supporting or raising his non-biological step-child.
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