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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4800
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I legally separated from my wife in May 1994... I was paying

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I legally separated from my wife in May 1994... I was paying non court ordered child support until about 1997 when the wife moved and would not inform me of my daughter's whereabouts/well being... My daughter reached the age of 18 on 11 April 2008... Upon my daughter turning 21 years old she contacted me... At that time I bought her a car for $18,000.00 and have sent her $200.00 or more a months for the past two years to help her out... I never filed for final divorce until now and my wife is saying that she wants back child support... Can my wife do this...

texlawyer :

Hello. I'll be assisting you with your question.

texlawyer :

What she is asking for is retroactive child support. Georgia, unlike some other states, does not recognize retroactive child support by statute.


However, in 1990, the Georgia Supreme Court, in Weaver v. Chester, 195 Ga. App. 471 (1990), said that a parent requesting support can request reimbursement for expenses actually incurred on the child's behalf since birth.


 

texlawyer :

So, while she cannot get actual retroactive child support, the could, in theory, come in and claim expenses on the child's behalf, and the judge could order you to pay for half.

Customer:

There was no court ordered child support... further, when I did find out my daughters whereabouts I bought/gave her $18,000.00 and have given her $200.00 or more for the past 2 years.

texlawyer :

I understand. The judge will take that into consideration, but, the judge is still allowed to take prior expenses into consideration.

Customer:

OK that sounds logical...

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