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Can I collect back support?

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cookie57

Member
State: Washington State

I was divorced 6 years ago. I have a court order for child support and visitation. My child's support never went through CSE, my ex paid the money directly to me. In 2001 he stopped making full payments and in 2002 he stopped paying me completely. It has been 2 1/2 years with no contact and no child support of any kind.

My husband and I live in Ohio. After 2 1/2 years with no contact or support, my DH filed a petition to adopt my daughter. This week it was completed and finalized!!!!

I called the Child Support Division in Washington State. They have my court case number archived because I never asked for help in collecting support. They are sent me an application to fill out and asked for a copy of my support order.

They can not give any kind of legal advice. I wanted to know if I can collect back support for my daughter, even though she is now legally adopted. The only thing they told me, was to wait and see if my application was approved or denied.

Does anyone know if I can collect back support from my ex husband through CSE and have the money be placed in an account for my daughter? I understand that my ex no longer owes current child support due to the adoption, but I was wondering if the court order for child support remains valid if there is back support owed. Is there a statute on collecting back support?

Also, when collecting support, is it limited to child support, or would I be able to collect court ordered health insurance costs, and school expenses?

Thank you for any responses!
 


VeronicaGia

Senior Member
You are confusing back support with arrears. If you never had a court order for a specific amount of child support, you cannot collect it now as the bio-dad is a legal stranger to the child. If you did have a child support order through the court and he has not fulfilled that order, he is in arrears and you can try to collect that money.
 

cookie57

Member
oops, sorry

I have a court order for child support. He did not follow the court order to pay the amount for 2 1/2 years.

So will I be able to go through CSE to try and get the arrears? And if so, is it just delinquent child support or can I collect back health insurance costs, and school costs (all court ordered)?
 
Last edited:

VeronicaGia

Senior Member
cookie57 said:
I have a court order for child support. He did not follow the court order to pay the amount for 2 1/2 years.

So will I be able to go through CSE to try and get the arrears? And if so, is it just delinquent child support or can I collect back health insurance costs, and school costs (all court ordered)?
You should easily be able to file a contempt of court action against him for the arrears. Do you have proof that you, in good faith, sent receipts for the health insurance costs and school costs? If you never sent receipts, he could have a reason to say he never knew the costs existed and could possibly get out of paying those.
 

cookie57

Member
I have sent him certified return receipt letters of all health and educational bills. I have had some letters refused by him, but most of them he signed and I have proof of that. I also kept the letters, unopened, that came back to me.

Thank you for your help!!
 

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