Can I file for child support nearly 4 years after a divorce settlement with shared custody and no child support? 15 Answers as of January 23, 2014

Divorce finalized almost 4 years ago. I did not ask for child support as I thought we would be sharing physical custody and costs of our minor children. I have provided at least 90% of the support for our minor children since then. Am I still entitled to file for child support or did I relinquish my rights to future child support?

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Ms. Cheryl Osterberg | Cheryl Osterberg
You need to petition to modify the order, and request child support from the time of filing. You did not relinquish future rights to receive child support.
Answer Applies to: Texas
Replied: 1/23/2014
Ronald Main & Associates | Tracian M. Laignel
You can file a contempt citation in the divorce action. The paperwork stated costs would be split 50/50 and it is more like 90/10; provide receipts, etc., and the judge has the ability to make the non-paying parent pay.
Answer Applies to: Oklahoma
Replied: 1/20/2014
James M. Chandler | James M. Chandler
You can file for child support at any time during the minority of the child or children. You must not live in California or at the time of the dissolution child support would have been addressed.
Answer Applies to: California
Replied: 1/20/2014
Kunin &Carman | Ishi Kunin
Absolutely. You can modify custody and child support provisions until a child is 18.
Answer Applies to: Nevada
Replied: 1/20/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you can show that there has been a material and substantial change in circumstances, you should be able to get the court to order child support. The fact that he hasn't seen the children as much as he should or had them in his custody as much as he should under the present order may be enough.
Answer Applies to: Idaho
Replied: 1/20/2014
    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: 1/22/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Child support is always open due to a change in circumstances, get an attorney, sounds like you have a good claim.
    Answer Applies to: Michigan
    Replied: 1/20/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Look at your judgment for what is says. I don't think you can ever waive child support since it belongs to the children. In short go open a child support services case.
    Answer Applies to: California
    Replied: 1/20/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child-support is a right belonging to the child and therefore, cannot be waived in any divorce settlement. You have an absolute right to return to court to ask for support assistance from the other parent. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 1/20/2014
    Diane l. Berger | Diane L. Berger
    Child support is always modifiable. There must only be a change in circumstances not anticipated at the time of the original order.
    Answer Applies to: Nebraska
    Replied: 1/20/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You can file for child support. You will need to show that there has been a change in circumstances since the divorce agreement. The court could then decide whether it believes that child support should be modified.
    Answer Applies to: Ohio
    Replied: 1/20/2014
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