Unless theres is a written agreement or court ordered documents for child support he will not have to pay back child support because no legal support was never established.
“back” support just goes back to the date an order was filed, not necessarily ordered.
I guess he is scared she’ll make a claim that he didn’t pay any support while she was married 2 years with the guy she left him for. She never asked for nor made claim for it because she wanted the ‘quickie’ divorce where he agreed to lie on the separation papers on the date of separation. He did supply money for his kids when they were with him, but no formal ‘child support’ was ever established.
She may be able to seek back support if she can prove actual expenses for the time period before October 2006. If they separated after October 2006, she may be entitled to receive guideline support during that time.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Building 600
Chapel Hill, NC 27514
(919) 321.0780
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Man marries woman. They have 2 kids. Woman cheats on huband and leaves him. They both lie on divorce date to get a ‘quickie’ divorce. Woman marries another man…has a baby. Leaves 2nd husband. Once again they lie on divorce for a ‘quickie’. Woman goes back to 1st husband. They are NOT married now, but are living together. All this time…there has been NO formal child support done for the 1st husband and 2 kids.
Now the 1st husband does not want the woman around. Can the woman file for child support and get the ‘BACK’ support for the time she was married to #2 (but didn’t ask for support–about 2 years) and/or for the time they lived together recently (but not married)? He doesn’t mind paying support…just not back support.
I know it’s complicated…