Can I ask my ex for child support? 11 Answers as of November 22, 2013

I have had full custody of both of my kids for the past two years. Their mother has never paid any kind of financial support. Every time I ask for child support, she says she is going to try and get the kids back 50/50. The kids don't want to live there so I just let it go. We went to mediation and decided on me having full custody, but did not discuss child support. If I take her to court now to set up child support, will I get back pay child support for the years she hasn't been paying? Even though no amount of child support was ever set? Thank you in advance for your help.

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Diane l. Berger | Diane L. Berger
In Nebraska, your child support would start on the first day of the month after you filed the Application for Support.
Answer Applies to: Nebraska
Replied: 11/22/2013
Zarbano Law Office | Margaret Zarbano
To change the agreed upon custody order there needs to be a change in circumstances. Asking for child support is not a change in circumstances. Support can start the first of the month following the filing of the initial application.
Answer Applies to: Nebraska
Replied: 11/22/2013
McManaway Law, LLC | Karen McManaway
You seriously need to get child support for the children. At this point I doubt she can get shared custody unless she has had a "substantial changed of circumstance." I am sure the desire to not pay support will not qualify as a change of circumstances. No you cannot get back support if it was never set up.
Answer Applies to: South Carolina
Replied: 11/22/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, you can ask for child support. It is her obligation to pay. If she wants any custody, she will have to prove why she is entitled. Chances are the court will award something, although it may be supervised visitation every other weekend. You are not entitled to back child support since there was no order requiring it.
Answer Applies to: Idaho
Replied: 11/22/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No you can receive it going forward since you had no court order in place.
Answer Applies to: Georgia
Replied: 11/22/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your support order starts from the date a court orders it's commencement. It cannot start any earlier than the date you filed your motion requesting support.
    Answer Applies to: California
    Replied: 11/22/2013
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    You can file a petition for child support, speak with an attorney.
    Answer Applies to: New York
    Replied: 11/22/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, you will only get support back to the day the motion for support is filed.
    Answer Applies to: Wisconsin
    Replied: 11/22/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
    Answer Applies to: New Jersey
    Replied: 11/22/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    I would suggest that you do a consult regarding child support. If no child support order was entered, it is possible that the court could go back up to three years for past support. Child support is separate from custody and parenting time issues, so if she retaliates by trying to change visitation, it will be obvious to the Court. An attorney can provide more information about the modification/establishment of child support process.
    Answer Applies to: Arizona
    Replied: 11/22/2013
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