Hey,
I have a 9 month old son with a woman I have never been married to. We broke up a couple of months ago and before we did we signed a child custody agreement. As I have recently filled for bankruptcy and am trying to recover and she has no financial problems at all the child custody agreement states that neither party will ask for child support. I currently give her at least $100 a month though, more if I can afford it. We recently had an arguement and she is now saying she will go after full child support plus back child support for the previous nine months.
Can she now ask for child support on a whim just to get back at me and then get back child support too?
The mother may sue for child support which will be awarded based on the NC child support guidelines, prospectively. As for back support, she is entitled to retroactive child support back to the date she actually files suit, prior to that date any child support awarded will be based on a percentage of the actual expenses she has incurred.
In my seperation agreement from my marriage it says I will pay child care for my older child which currently is $1017 plus her life insurance which is $23, can these be counted as “Pre-existing Child Support payment” for the child support calculator? Under child support it says it is waived, but we have a house together that we cannot sell and so she pays for the mortgage and I pay for the daycare and have done for 2 years.
Since child support was never determined by the court it will be calculated pursuant to the guidelines. If you are paying the work-related child care and insurance, those are factored into the calculator as such.
If I’m reading the original post correctly, a custody agreement signed by both parents states that neither party will ask for child support…? It’s my understanding that if that is the case, then I’m not certain that either party can ask for back support for the time previous to filing.
I believe that child support can be filed for at any time, but you should caution that once the legal ball gets rolling, it can not be stopped. That means that if she files for child support, it will mean filing for modification for anything less or more, than what is awarded. It’s much easier if the agreement is kept between the parents, though the parents need to make sure that the needs of the child are met and realize that the child will always be a financial responsibility for them both.
If you have filed for bankruptcy, I’m not certain how that will affect the guidelines…since child support is based on both parents salaries and the amount of overnights the child has with each parent.