Child Support
Forums:
DH has custody of SS(6). BM doesn't visit much. Every 6 weeks to 4 months. BM has never paid child support. They decided not to have child support when DH got custody, when SS was 2. DH has now decided to go for child support. I have a few questions. Can he still go for child support? Will it cost us? Can he get back child support, or only start getting it now? How long will it take? I am just unsure what to expect and would like to know. Thanks!
If he decided back them that
If he decided back then that he didn't want child support, he cannot get back support. He can start getting it from the day he files, whatever amount a judge orders. I take it she is not going to agree to an amount without you having to go to court? Once its actually awarded you will start getting it immediately back to the day he filed for it...but how long the court process will take will depend a lot on whether she fights it or not.
Yes DH has sole custody. She
Yes DH has sole custody. She only has visitation rights. She has NO other rights. They had a shared parenting plan when they first split up (they were never married), that named DH the primary residential parent. But 6 months later because of her neglect toward SS, DH got sole custody. She can't control anything pertaining to his life.
Check the web for your counties CS policies.
Kris,
You may not have to have an attorney. Filing for a CS review of amendment of a Custody/Visitation/Support judgement is usually pretty straight forward.
The last time we did it neither party was represented by counsel.
As for can you, yes you can, every two years so your DH is well within the limit for filing. As long as the last review was 24mos or longer he should be able to file.
It should cost you nothing unless you get an attorney. You may have to pay a minor filing fee but it should be nothing exorbitant.
Direct payroll withholding should start as soon as the order is issued by the court. You will probably start seeing the money
I doubt CS will be retroactive to the date of the original agreement between your DH and BM. If he never asked for it the court will probably not hold her liable for past CS. No CS judgment in place, not past CS has accrued.
Just what we have experienced in our ongoing blended family adventure.
Good luck and best regards,