Child Support and unwritten agreement


#1

My ex wife and I were divorced in 1999. Our son lived with her until 13 months ago. He now lives with me. At the time of divorce she asked for $500.00 in support for him a month. I paid her monthly either by check, or wire transfer. One year before he came to live with me, I contacted DSS to try and get a support order, so that my payments would be legally noted. She never sent her info to DSS, and the case never moved forward. Now that he lives with me, DSS has set a court date to establish support. When she was served, she hired an attorney to advise her. She has now threatened to squash the court date, and sue me for back support, if I don’t agree to a voluntary support order of $100.00 a month from her. She is now voluntarily unemployed, and is a stay at home mom, with her other kid from her new husband. My question is can she sue me for back support, when there was no written agreement or court order?

Patrick


#2

You may present evidence of the support paid over the years in the form of bank statements or cleared checks. She will only be entitled to back child support per the guidelines from the date she files an action for child support.