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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 04-29-2010, 08:40 PM
Join Date: Apr 2010
Posts: 45
Lanfear is on a distinguished road
Default Question about child support

Hello all,

Say that the father has around 80% custody of two kids but there is no written agreement, and the mother has not paid a penny in child support for over 3 years, while earning 45k+ / year....

Does this mean that when we do eventually go to court, that she will owe for all that time that she didn't pay?

I am concerned that since there is no written agreement, we won't be able to receive retro pay for all of the months we cared for the children.

Mind you, I will be thrilled just to begin receiving payments.

And I presume that her wages will be garnished, since there is no way she will willingly pay anything.
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Old 04-29-2010, 08:51 PM
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

Yes she owes retro, going back to date of separation (assuming you had full custody since then.) My ex tried to squirm out of it but full retro would be ordered by the courts.

Don't be fooled by case law citing instances where full retro wasn't ordered, this is just in instances where it is a variance from an existing order, and the incomes changed. In such a case they may only go back so far. But for regular CS orders, it goes back to separation.

Otherwise all a deadbeat would have to do is delay delay delay and get out of paying support. This would be a mockery.
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Old 04-29-2010, 09:58 PM
Join Date: Apr 2010
Posts: 45
Lanfear is on a distinguished road

Tasty. Thanks!
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