Can I sue for past child care costs?

[needadvice2001]

What is the name of your state (only U.S. law)? South Dakota
Can I go to small claims court and file for child care costs that I paid due to employment? The father has never seen my daughter, by his choice, and has been paying very little child support due to being self-employed where he can hide income.

I did not have any mention of child care costs in my child support order from 2003 for my daughter. She is 14 now. Can I go back and file in small claims court for reimbursement of child care costs? The SD law I found 25-7-6.18 says Order allocating child care expenses. The court may enter an order allocating the reasonable expenses due to employment ..... The court may consider if the fed. child care tax credit is available as a benefit to the custodial parent. If the federal child care tax credit is available to the custodial parent, it shall be calculated at 25% of eligible expenses.

Does this law allow me to make a small claims court claim for money I paid out until my daughter was 12?

 

[Zigner]

What is the name of your state (only U.S. law)? South Dakota
Can I go to small claims court and file for child care costs that I paid due to employment? The father has never seen my daughter, by his choice, and has been paying very little child support due to being self-employed where he can hide income.

I did not have any mention of child care costs in my child support order from 2003 for my daughter. She is 14 now. Can I go back and file in small claims court for reimbursement of child care costs? The SD law I found 25-7-6.18 says Order allocating child care expenses. The court may enter an order allocating the reasonable expenses due to employment ..... The court may consider if the fed. child care tax credit is available as a benefit to the custodial parent. If the federal child care tax credit is available to the custodial parent, it shall be calculated at 25% of eligible expenses.

Does this law allow me to make a small claims court claim for money I paid out until my daughter was 12?

Nope - but you can file for ongoing child care expenses.

ETA: To be clear, the law says the court MAY enter an order. You don't have an order because either you failed to request it, or the court decided against it.

 

[stealth2]

Out of Luck, buttercup.