Can I sue my ex for back pay in an Interstate case?

[mrs_redbone]

What is the name of your state (only U.S. law)? Illinois

In 1993, my ex left me before I gave birth to our son and didn't send money or attempt to visit him until 1997.

In 1998, both of us got married to other people and verbally agreed that he'd send $200/mo and visit our son twice a year.

I divorced my husband in 2002 and filed an Illinois Interstate support case with his residence in California that ordered my ex to pay $235/mo.

2009, he graduated Medical School and moved his wife and 2 kids to Alabama where he and his wife now works. Because our son will be 18 in two years, can I sue my ex and his wife for back pay?

 

[liss870]

So you guys never had court ordered payments?

 

[Isis1]

What is the name of your state (only U.S. law)? Illinois

In 1993, my ex left me before I gave birth to our son and didn't send money or attempt to visit him until 1997.

In 1998, both of us got married to other people and verbally agreed that he'd send $200/mo and visit our son twice a year.

I divorced my husband in 2002 and filed an Illinois Interstate support case with his residence in California that ordered my ex to pay $235/mo.
2009, he graduated Medical School and moved his wife and 2 kids to Alabama where he and his wife now works. Because our son will be 18 in two years, can I sue my ex and his wife for back pay?

that was for the ex from 1993?

 

[mrs_redbone]

Interstate Case

Not until the Interstate case was established in 2007. There is no court order for visitation either.

 

[mrs_redbone]

Interstate Case

my ex is the father of my son that was born in 1993

 

[Isis1]

i can say with certainity, you can sue the ex's wife, but you won't win. she is not nor ever been responsible for your child.

the ex on the other hand....

who is the father of the child in question? is there more then one child involved?

 

[mrs_redbone]

Interstate case

There is only 1 child between my ex and I. I recently remarried last year to a great man that has been a role model to my son mentally and monetarily, but my ex doesn't want to pay any more that what is ordered. I called the courts to modify the order since his pay has jumped substantially.

 

[Isis1]

There is only 1 child between my ex and I. I recently remarried last year to a great man that has been a role model to my son mentally and monetarily, but my ex doesn't want to pay any more that what is ordered. I called the courts to modify the order since his pay has jumped substantially.

your ex doesn't have to pay more than what is ordered.

was the order modified based on your request?

no child support is due before the court order. anything prior to that is not counted.

 

[Artemis_ofthe_Hunt]

There is only 1 child between my ex and I. I recently remarried last year to a great man that has been a role model to my son mentally and monetarily, but my ex doesn't want to pay any more that what is ordered. I called the courts to modify the order since his pay has jumped substantially.

Clue: Your ex ISN'T required to pay more than the court ordered. Period. Even. If.

Second point, I don't believe that you can just 'call' the court to have the child support modified. I BELIEVE that you must petition the court to look at the modification. From all research that I've done, the modification is NOT retro-active.

 

[Just Blue]

your ex doesn't have to pay more than what is ordered.

was the order modified based on your request?

no child support is due before the court order. anything prior to that is not counted.

Read the other thread...

 

[TheGeekess]

If Dad has been paying his $235/month, then, no, you don't get the big payoff of backpay because Dad has graduated Med School.

 

[TheGeekess]

Read the other thread...

Interstate child support..can I sue for back support?
What is the name of your state (only U.S. law)? Illinois

In 1993, my ex left me before I gave birth to our son and didn't send money or attempt to visit him until 1997.

In 1998, both of us got married to other people and verbally agreed that he'd send $200/mo and visit our son twice a year.

I divorced my husband in 2002 and filed an Illinois Interstate support case with his residence in California that ordered my ex to pay $235/mo.

2009, he graduated Medical School and moved his wife and 2 kids to Alabama where he and his wife now works. Because our son will be 18 in two years, can I sue my ex and his wife for back pay?

https://forum.freeadvice.com/child-support-98/interstate-child-support-can-i-sue-back-support-494359.html#post2422746

 

[Isis1]

If Dad has been paying his $235/month, then, no, you don't get the big payoff of backpay because Dad has graduated Med School.

I call Brittney Factor!!!

it's holiday season.....

 

[mrs_redbone]

Interstate case

I'm sorry, but I forgot to add that I petitioned the courts to review and modify the current order to include medical and educational expenses as well after my ex was ended his course of being a career student of 18 years...

I used to let my son travel to his residence for visitation, but until a visitation order is established, my ex agreed to visit his son and not remove him from the state of Illinois when he comes.