I make substantially more than my exspouse, and have primary custody of our children. I have decided to now sue the other parent for child support. It has been over 7 months since our last custody hearing, and I did not pursue any child support at that time. Can I also request them to pay back support even though until this point I have never requested any monetary support from them, or will they only be responsible from the entry of the order on the outcome of this filing forward?
You can request retroactive support and the court may award guideline support or the court may base such an award on your actual expenditures for the child’s care.
thank you for responding. so what you are saying is that even though i never asked prior and even though they had no reason to believe i needed support because i didnt’ ask and because of their knowledge of the amount of money i make, I can still sue them for paymen of back support?
Yes, even though you never sought support, and earn more than your ex, your ex has a duty to contribute to your child’s needs.