Q: My ex took away my son from me years ago. We never had an agreement set up on child support. Now she is finally giving
Me visitation so I have agreed to start paying again. If she takes away my visitation and doesn’t let me have him a couple days week and I take her to court, can she get me for back child support?
A: The court can only order back child support dating back to (1) the date a petition for child support was filed in the court; or (2) in the case of an existing child support order entered in the past, back to the date child support was not paid during any eriod that the existing child support order was in effect. Therefore, in your situation, if there has never been a child support order in place, then there is no child support arrearage due. If she files a petition for court ordered child support, then she can ask the court to award child support dating back to the day she files her petition in the court, since it can take months before a court atually hears her petition and rules on her request. The decision to award child support back to the date of the petition is discretionary with the judge, not mandatory, but it is often awarded. At any time before a court hearing, however, the parties can agree and consent to a child support amount and order, and can agree on any past due amounts owed dating back to the start of the court proceeding, or to a different date, or not at all.
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