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pittpamom

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My husband and I separated 6 years ago, I never filed for child support. Can I do it now and collect support from then?
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

My husband and I separated 6 years ago, I never filed for child support. Can I do it now and collect support from then?




You can file now, but it's unlikely to go back further from the date you file.

(Why do you believe it should?)
 

SESmama

Member
Because the economy is bad and now it's an issue.

If I were struggling I would file too if I had not before.

Point is, even if OP files, there is no guarantee the money will be forthcoming.
 

Proserpina

Senior Member
Because the economy is bad and now it's an issue.

If I were struggling I would file too if I had not before.

Point is, even if OP files, there is no guarantee the money will be forthcoming.

I was asking why OP thinks she might be entitled support retro 6 years, not questioning whether or not she should file at all.

(Are you saying you'd file for retro support, too?)
 

SESmama

Member
No, I am replying why she might think she is entitled to retro support. With the economy that would be a nice chunk of change. I am not saying it in a bad light but that would be a valid reason.

I would file too and wonder, and ask, if I could get 9 years of back support. But, I filed within the divorce order.
 

mistoffolees

Senior Member
You can file now, but it's unlikely to go back further from the date you file.

(Why do you believe it should?)
PA's rules are very clear. It can only go back to a date before the date of filing under VERY limited circumstances - none of which seem to apply here:

http://www.******dale.com/legal-library/Article_Abstract.aspx?an=family-law&id=397158
In Pennsylvania, a modification to a child support/spousal support/alimony pendente lite order will generally be retroactive to the date that the petition for modification is filed. However, pursuant to 23 Pa.C.S.A. Section 4352(e), "modification may be applied to an earlier period if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reasons and if the petitioner, when no longer precluded, promptly filed a petition."
I don't see any sign that OP can claim any of those exceptions, so your answer is completely correct.
 

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