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Statutes of limitation - back child support

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joekelly1973

Junior Member
What is the name of your state? New York

I have been paying child support for my 13-year-old son since he was born. There was a court order issued that stated that I pay $100/week (17% of my gross salary). I pay DIRECTLY to his mother via weekly checks. Over the years, we have gradually increased the amount (mutually agreed). I now pay $200/week.

My relationship with the mother has recently soured because she recently learned that the $200/week I now pay is really about ~12% of my gross salary. She is threatening to sue me for all the back child support over the last 13 years!

QUESTIONS:
1. Although I have "technically" adhered to the original court order ($100/week), can she go after all those back payments? She never filed a request to increase payments (we always mutually agreed on an appropriate increase). However, my payments have been less than 17% of my gross (ranging between 10-17% over the last 13 years).

2. Also, I have been OK about keeping bank statements and cancelled checks, but I may not have accounted for EVERY week. If she takes me to court, do I have to show proof of payment for EVERY week over the last 13 years? Can she sue me for the weeks in which I do not have proof?
 


BelizeBreeze

Senior Member
Tell her to go to the expense of finding an attorney, paying court costs and all the other expenses that she'll need up front to file against you. Then tell her to go ahead and file.

You could be looking at a nice refund :D

(just kidding about the refund)
 

joekelly1973

Junior Member
so you think she has a case?

Thanks. I will run those comments by her, but unfortunately, I do not think they will have much effect.

So you really think she has a case? If so, I think I will throw myself in front of a truck :(
 

BelizeBreeze

Senior Member
Did I SAY I thought she had a case?

No, what I said was to tell her to go ahead and file.

What you don't tell her is that even if she does file for a modification and you must pay 17%, the effective date of the back support you will owe at the 17% rate will be from the date of filing the action.

And with your record of paying MORE than the court ordered, you can move to have that amount credited towards your arrearages.

Now, what did I say EXACTLY?
 

joekelly1973

Junior Member
avoiding the courts

Thanks. In reality, I thought agreeing to a modest increase from time to time, was a smart thing to do, since we would avoid the courts altogether. I did get modest ~3-5% annual pay increases, so I assume she was in her right to take me back to court for modification of child support.

The other key lesson here is that a relationship with an ex can sour at any point. We got along OK over the years, which is why we made a lot of casual/verbal agreements. Now, I wish I was much more diligent about keeping records of receipts, cancelled checks, etc.
 

nextwife

Senior Member
Perhaps don't clue her in that you have any records/reciepts. If she then claims to the court you didn't pay all that time, she will be proved a liar by all the reciepts you do have.
 

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