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Can you ask for child support 3yrs after divorce?

meanpocahontas's picture

My DH kids are 14yr and 17yr now. Him and the ex have been divorced since early 2007. He has full custody, she can have them Sat-Sun, but it doesnt always happen, and the 17yr never or rarely see her. She doesnt help them with much of anything. She sends the 17yr a $100 toward his ins., $40 toward texting and $30 for ortho because she has to. I have been trying to get 14yr SD to ask her mom to help with sending her $ to save for a car, for the past yr & a half now. My DH wont talk to her and the SD is too chcicken until recently in Feb. when mom told her that she would help in 2 months after she paid off her debt. WTF-ever! So end o April rolls aroubd and now the bullshit story is that she cant bcuz sh has doctors bills. LIAR!! Shes got insurance. Oh dont let me 4get she is also 8mos pregnant. Truth is she cant bcuz she is buying baby stuff! Nice one! She cant even take care or help the 2 kids shes got now. And Im sure she will go off the deep end after she has this kid like she always does. (Alcohol, pills, gambling, etc..etc..etc..)

My question is, even thoughthee decree said that neother party ios to pay for child support/alimony, is it possible to take her to court to possibly start getting some support and if so what is the probability of it happneing without ruining the way things are now??


stepmom2one's picture

I am not sure but I don't think so. As far as I know the decree is it, it is hard to ever change anything in it.

But I could be wrong, sorry not much help on this one.

Kb3Hooah's picture

That's strange that the decree would state that, if there isn't 50/50. Why was this agreed upon to begin with?

Anything in a divorce decree is open for modification - however, it doesn't always mean it will be modified. I have no clue what a judge would decide, but IMO, I don't believe CS would be awarded for the 17yr old unless you intend on asking for support during college. As for SD14, I would think there is a good chance for the decree to be modified for support since she's still young.

I would suggest speaking with an attorney, in most cases, you can get a free consultation.

herewegoagain's picture

Although I will never understand why women can get off so easily w/out paying support vs men, a deal is a deal. If it was agreed upon she would not pay, I think it is wrong to ask her to pay now. I also believe a parent's debts should come before a child's car. That does not mean that the debts should come before the basic needs, but the agreement on the needs was already made.

It is ridiculous she can now have a kid and not spend anything on her other kids, but that was a decision she made based on her agreed upon costs. Like I disagree when someone asks for increased cs when the ncp has another kid. The ncp has another child based on the income they have and what they pay in's always ridiculous to want more and make the ncp and new family suffer because of it.

meanpocahontas's picture

If you only knew ALL of the BS stories she has said in the past 3+ years you would be amazed. She for one is an alcoholic, major alcoholic and pill popper. She bled my DH bank acoount twice of $10k+ ea time and was able to convince her elderly mother to give her the $ to put back in the acct one time and the 2nd time is when she was found out. Next she depleted the kids savings accts of $3-4ea. at the time. She would be passed out drunk all the time, have seizures and flat line in front the kids and at friends parties. As well as cheat, lie, steal, etc.. etc.. oh and let me tell you another thing she works in a hospital as a phlebotomist, ya she's that drunk and glossy bitch drawing viles of blood fromn you!! She's a complete mess and should have never been able to have kids. Shes always telling the kids one story after another of what shes going to do for them and then when the time comes she has to tell another story or lie or whatever you call it to put them off another month and then another story and so on and so on and so on. But she doesnt even try to put any little bit of effort into her two kids now. I do though. Her son just visits with her to get gas or money when he can, mainly it comes out of their granny's bank acct since their mommy lives there with her, and granny will enable her 24/7. These kids were her dollies when they were babies, after that she didnt even bother with them. So with that little bit being said, it is not that we want to go to court and pursue child support but it is harder and harder these days. Is it so hard to even give your daughter $25-50 her and there? She makes good money pays no rent doesnt cook doesnt pay for any type o groceries but she does have a car payment and her 82yr old mother pays for her insurance. She is a problem and is pathetic. So what do you do? Bottomline they are her kids too so she be thinking of their needs when they are asking. Dad has put every dollar and all the time into them. He has gone above and beyond the call of duty of a father/parent, all we want is for her to help by stopping the lies and telling the absolute truth for a change. Sorry its just a little frustrating knowing and hearing and seeing. Enough is enough. Theres so much more, I just chipped the top of the iceburg!

tugofwar's picture

Heck ya you can get child support 3 years later and probably arrears too. Talk to your local child support enforcement division they should be able to give you details. Child support is for the children not the parent so most judges will require it is paid with the children's best interest in mind. Good luck Smile