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  #1  
Old 11-07-2009, 05:45 PM
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Sued for back pay when support wasn't in divorce decree?

If your divorce decree doesn't state you have to pay child support, can you, several years later, be expected to pay back child support?
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Old 11-07-2009, 05:49 PM
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What did the divorce decree state about child support, if anything?
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Old 11-07-2009, 06:00 PM
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Originally Posted by justalayman View Post
What did the divorce decree state about child support, if anything?
That there would be no chid support payments.
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Old 11-07-2009, 06:31 PM
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What about medical ,daycare , and the like ?

Those would be other forms of Child support .
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Last edited by BL; 11-07-2009 at 06:33 PM.
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Old 11-07-2009, 07:51 PM
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Either way custody and child support are fluid - they can always be modified.

One would think though that any future order would be backdated only to the date of filing.
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  #6  
Old 11-07-2009, 08:01 PM
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Originally Posted by Dogmatique View Post
Either way custody and child support are fluid - they can always be modified.

One would think though that any future order would be backdated only to the date of filing.
I agree BUT if the decree specifically stated it as part of the decree, then the decree must be revisited and not simply allow the CS to be addressed as an outside and independent event.

The inclusion of no child support could have been part of a negotiated agreement with consideration given in exchange for that inclusion.
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Old 11-07-2009, 08:23 PM
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Originally Posted by justalayman View Post
I agree BUT if the decree specifically stated it as part of the decree, then the decree must be revisited and not simply allow the CS to be addressed as an outside and independent event.

The inclusion of no child support could have been part of a negotiated agreement with consideration given in exchange for that inclusion.
It would have to be some pretty substantial consideration but yes, ok, I can see that.

We must wait for OP to return
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Old 11-08-2009, 12:06 PM
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Quote:
Originally Posted by justalayman View Post
I agree BUT if the decree specifically stated it as part of the decree, then the decree must be revisited and not simply allow the CS to be addressed as an outside and independent event.

The inclusion of no child support could have been part of a negotiated agreement with consideration given in exchange for that inclusion.
Different state of course but...my decree stated no child support (long story) however, when the agreed upon terms were not met, I was allowed to have the child support addressed and modified as an outside order, without having to address the original decree.
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Old 11-08-2009, 02:29 PM
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Originally Posted by Raisingmaddy View Post
Different state of course but...my decree stated no child support (long story) however, when the agreed upon terms were not met, I was allowed to have the child support addressed and modified as an outside order, without having to address the original decree.
but as you stated, the agreed upon terms were not met which means somebody was in breach of the order, which is also effectively a contract between the two divorcing parties.

until OP states the divorce decree has not been followed, what is in the decree is relevant.
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