Q: Can my husband get me for back child support now after my son graduated and we havent filed divorce yet
A: 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.
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.