Retroactive Child Support

OMG! Isn't that ridiculous! My experience wasn't quite as severe, but I can confirm that I was told the same thing about retroactivating support amounts. Our support was set in our decree at $125/mo. with a 5% increase yearly for cost of living expenses. Yeah right! That increase didn't factor in ANYWHERE on the State's registry, so as the years passed and he didn't pay (didn't pay a dime for 10 years, yes it was terrible), his back support didn't accumulate nearly as high as it should have. After going back to court, our support was raised, but it took that magical piece of paper to make things happen.
The good news is (at least it was for me) is that eventhough our decree says that support was to stop when our daughter turned 18 if she didn't go straight to college, that since he owed a little bit of back support still, the collecting of support will continue until she's 21. Nice for her (now age 20) since she had to do without so many extras when she was younger (she's buying her own car with the support - nice justification since we always drove an embarrassing heap when she was young!).
My only advice would be to allow the State to collect and distribute the support if that is an option. It was nice not having to deal with him about the money - it kept our conversations focussed on less tense things. Also, the state puts the money on a local bank debit card so it is easy to access AND they'll go after him if he doesn't pay.
Good luck.

i worked for child support enforcement for 4 years as a paralegal. i would have to agree with your legal advisor. child support is only owed according to the decree amount at any given time. if you wish to modify the order, the any new amount is not in effect until the court grants it. the farthest i have ever seen a judge go back is to the date of filing of the request for modification. i agree with you and think its shameful, but state statute doesnt think so. (i had the same issue when requesting back child support from the time my husband and i seperated. the courts denied my request and would only go back to the date of filing of the final divorce paperwork. its not as if these men dont know they have the obligation!) best of luck to you..

It does suck that they can go back on the child support before the date of filing for divorce or in the case of an existing order, a modification. I was in the same boat, but luckily sense I had to apply for temporary assistance from the state they were able to go back to that date and go after my ex for child support. It has been a LONG process which I have had to stay on top of CONSTANTLY...{it's been 10 months}, but I should be receiving my first check next month :) Oh, and that's after almost 3 years!!
I'm so sorry that you can't do anything!! That's why it is SO important to stay on top of things {that includes ALL different things} because you never know when you might be overpaying for something, or missing out on something else :(

Hi L.,

If he paid an amount & you accepted it as payment in full, then consider yourself lucky. Many of us have waited months or years for support, & have had to have the state go after them. You are also lucky that he voluntarily raised it when you got the lawyer. Yes, it speaks of his knowledge of under paying, but you accepted it, so there the debt for that time has been met. If it was NOT paid, then the state would calculate the actual amount due, & that would be what he now owes. But what's done is done.

A.

It's not just negligence on his part. I'm sorry to say that this is the result of negligence on your part as well. You acknowledge that you "both signed off on" the child support. You and he entered into a written agreement - and that agreement was turned into an order when a judge or commissioner signed it.

When you obtain a child support order that was signed by a judge THAT became the binding agreement. One person is prohibited from going back and changing a binding court order. You can go back to court and request a NEW order, but you can't go back in time and change the past.

I can understand that this is frustrating, but the overriding policy is in the public interest and there isn't anything the legislature could realistically do about this. He might have been a cheap snake, but you behaved negligently and unfortunately there are consequences for negligence. The courts would become even more clogged if people were permitted to try to go back in time to get an old court order changed.

I have PERSONALLY observed judges who refused to sign off on divorces because they did would not sign an order for a child support amount that was too low. Unfortunately, you either had a judge who didn't notice/didn't care with regard to the original order OR you completely dropped the ball and failed to get back into court to request and obtain a child support modification.

I'm sorry because I know this isn't what you want to hear, but I believe your lawyer is correct. You will never receive retroactive child support - but you CAN waste an awful lot of time and money to try to pursue this - especially if you try to take this in front of a judge because I'd predict that you would irritate the judge for filing a frivolous law suit, AND the judge would be likely to order you to pay your husband's legal fees. I think you should let it go and move on.

Hello L.,

Don't waste your time, energy, or money. Just let it go. I have been in a similar situation, and I did not want to risk looking like the bitter, scorned, vindictive ex-wife. I was glad to be done with an ugly marriage and situation, and I just wanted to move on.

K.