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Child Support

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david8

Guest
I have two daughters from a previous relationship, we were never married. I have the oldest and the mother has the youngest. The oldest has been with me since the age of 6 months and now is 17. The youngest has been with her mother since birth and is now 16. Why am I expected to pay child support for the youngest and the mother does not have to for the oldest. I have raised the oldest one with no help, including financial support, but yet I am also to financially raise the youngest one also. Does my oldest daughter not count for anything or is this all just because I am the father!
 


LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by david8:
I have two daughters from a previous relationship, we were never married. I have the oldest and the mother has the youngest. The oldest has been with me since the age of 6 months and now is 17. The youngest has been with her mother since birth and is now 16. Why am I expected to pay child support for the youngest and the mother does not have to for the oldest. I have raised the oldest one with no help, including financial support, but yet I am also to financially raise the youngest one also. Does my oldest daughter not count for anything or is this all just because I am the father!<HR></BLOCKQUOTE>

It comes down to % If you earn 40k and she earns 30k then you pay her to balence the figures..
 

usmcfamily

Senior Member
Reason being that during the last 16 1/2 years you never petitioned the court for child support - as simple as that. Any custodial parent - be it mother or father has the right to financial support from the non-custodial person .... but that support is the result of a court order obtained by petitioning the courts.
You seem to be describing a personal agreement as far as the custody goes - is it? Or was it ordered by the courts to be that way? If it was ordered by the courts, child support should have been established at that time - that is why personal agreements are not really such a good idea. Your ex has apparently taken the legal steps to obtain support from you - I am curious as to why you didn't return the favor at the time rather than waiting 16 1/2 years to question it?
At this point you could petition the courts but the support you may receive would only be retroactive from the point you file the petition and depending on your state would continue to 18 or 19 years old or possibly 21 if your daughter is a full time college student after 18......but would that be worth it when you consider the legal cost/headache of obtaining the support? As well as the chance of alienating your ex who still has your younger daughter whom I assume you would like to have continued access too.....taking momsie to court wouldn't exactly help that.....
Good luck and God Bless
 

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