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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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…