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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I filed for divorce in Montgomery County PA in Dec 2005. I

Customer Question

I filed for divorce in Montgomery County PA in Dec 2005. I did this without the help of a lawyer and since it was uncontested, it never went to court. I did check the boxes that expressed my request for sole custody and child support, but nothing ever came of it. I have not received any child support to date, however the father of my child is now after all these years back on the scene. Am I entitled to back child support, and if so, what do I have to do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question. I happen to be a Pennsylvania licensed expert.

Is there any sort of a support order in place or you do not know? Have you ever received any information or notification from the Bureau of Child Support Enforcement?
Customer: replied 5 years ago.
No, the first time I filed through the welfare system because my spouse had left us and I needed to apply for benefits temporarily until I got on my feet. The welfare office handled the petition andt here was an actual court date. I showed up, but he did not. I did not have an alternate address for him and no one knew exactly where he was. The judge postponed the court date because he did not show up and no order was issued that I know of. I got a job shortly thereafter so the matter must have been dropped since I no longer received benefits from the state.
The second time was on the divorce paperwork I filed by myself in Dec 2005. I checked the boxes requesting sole custody and child support and once the divorce had been completed and signed off on by a judge (it was uncontested and at this time we knew where my ex spouse was living) I figured I would receive a court date or something but did not. My ex husband has been mostly out of contact for the past several years (really throughout my son's life) although we do see him and his family at holidays, mostly from my efforts. There have been years where we don't hear from him at all. In the past 6 months though, my ex has been on probation, so he has been forced to stay straight and keep a job etc. and he has been in contact with my son more frequently. Now that he is able, I would like him to chip in for child support if I am entitled to it since it has not been easy for me taking care of him all these years on my own and I believe it is his responsibility. I don't know what exactly he is responsible for or how to go about requesting it though.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

All you need to do is contact your local district court and ask to speak to the clerk. Explain that you need to file for child support and also need to request the petition for back support petition. The clerk will likely have a packet for you to fill out for initial support, although you will need to go to the local law library and get a template from the librarian about the petition for back-support payments. There is no statutory limitation of how far back you can go and demand support. Also make sure that when you fill out your petition you also request that the courts grant you full sole custody as that will affect the size and the amount of support you would be entitled for.

Good luck.