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Interstate child support..can I sue for back support?

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mrs_redbone

Junior Member
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?
 


Just Blue

Senior Member
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?
Why on Earth do you think that your child's Stepmother has any financial obligation to support a child that is not hers? :confused:

Has your child's FATHER been following the court order? If not have you file a motion to show cause for contempt?
 

LdiJ

Senior Member
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?
And why would you feel that any back pay was due? You never filed for child support until 1998.

If dad is making more money now, you can file for a child support modification.
 

mrs_redbone

Junior Member
For the record:

1) I petitioned the courts for a child support modification because my ex IS making more money and therefore, he should be able to do more for our son such as assisting in tuition for private school that I've been paying for most of our son's life

2) I never received or saw an actual court order, but received verbal confirmation from the courts that an order was issued.

3) Since the order was established between Illinois and California, will the laws remain the same or will the order be turned over to the state of Alabama?
 

Just Blue

Senior Member
For the record:

1) I petitioned the courts for a child support modification because my ex IS making more money and therefore, he should be able to do more for our son such as assisting in tuition for private school that I've been paying for most of our son's life

2) I never received or saw an actual court order, but received verbal confirmation from the courts that an order was issued.

3) Since the order was established between Illinois and California, will the laws remain the same or will the order be turned over to the state of Alabama?
What is the LEGAL and Physical custody order? And why do you think his wife should, in any way, have a responsibility to support a child that is not hers?
 

mrs_redbone

Junior Member
1) There is NO legal order of custody since the father abandoned me and the child before the child was born. The child has been living with me since birth.

2) As for the stepmother, I'm not interested in suing her more than the father but asked because I saw it in the other threads.
 

Just Blue

Senior Member
1) There is NO legal order of custody since the father abandoned me and the child before the child was born. The child has been living with me since birth.

2) As for the stepmother, I'm not interested in suing her more than the father but asked because I saw it in the other threads.
He didn't "abandon" you. He broke up with you. Period. Get over it. And please point to the thread that "okay'ed" SM as a party in a support suit?
 

mrs_redbone

Junior Member
This is in response to your statement "He didn't "abandon" you. He broke up with you. Period. Get over it."

The legal terms of Abandonment also "applies to the parent/child relationship, when a person has severed ties with and failed to provide support to the other related person for such length of time to find that the familial relationship ceases to exist legally". "Statutes don't necessarily provide a time period to define abandonment, but often base the finding of abandonment on evidence of an intention not to return."

Correction..He abandoned our unborn child, didn't attempt to see his son until I married someone else and left me to bare the costs associated with raising a child alone. I finished school and remained civilized with him and his family for years until recently when I realized I shouldn't be the only parent financially supporting our son now that he makes more money.
 

Just Blue

Senior Member
This is in response to your statement "He didn't "abandon" you. He broke up with you. Period. Get over it."

The legal terms of Abandonment also "applies to the parent/child relationship, when a person has severed ties with and failed to provide support to the other related person for such length of time to find that the familial relationship ceases to exist legally". "Statutes don't necessarily provide a time period to define abandonment, but often base the finding of abandonment on evidence of an intention not to return."

Correction..He abandoned our unborn child, didn't attempt to see his son until I married someone else and left me to bare the costs associated with raising a child alone. I finished school and remained civilized with him and his family for years until recently when I realized I shouldn't be the only parent financially supporting our son now that he makes more money.
Darling..He wasn't married to you. Paternity has to be established. Therefore he CAN NOT abandon a child that is not LEGALLY his.

If you want help with the cost of pregnancy...BE MARRIED before having children.
 

Zigner

Senior Member, Non-Attorney
Too bad that our OP didn't feel the need to stand up for the rights of the child.
 

Zigner

Senior Member, Non-Attorney
Darling..He wasn't married to you. Paternity has to be established. Therefore he CAN NOT abandon a child that is not LEGALLY his.

If you want help with the cost of pregnancy...BE MARRIED before having children.
And they accuse ME of being all sensible :rolleyes:
 

Proserpina

Senior Member
This is in response to your statement "He didn't "abandon" you. He broke up with you. Period. Get over it."

The legal terms of Abandonment also "applies to the parent/child relationship, when a person has severed ties with and failed to provide support to the other related person for such length of time to find that the familial relationship ceases to exist legally". "Statutes don't necessarily provide a time period to define abandonment, but often base the finding of abandonment on evidence of an intention not to return."

Correction..He abandoned our unborn child, didn't attempt to see his son until I married someone else and left me to bare the costs associated with raising a child alone. I finished school and remained civilized with him and his family for years until recently when I realized I shouldn't be the only parent financially supporting our son now that he makes more money.
Correction:

He did not legally abandon anybody regardless of your definition or application of the term. Please refresh your understanding of "abandonment" in this context.
 
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