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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
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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My ex-husband and I were divorced in 1998. Our son was 1.

Customer Question

My ex-husband and I were divorced in 1998. Our son was 1. We had joint legal and physical custody. He paid me $300/month till early 2002 when he won the school battle and took him from me for kindergarten. Soon after, his marriage failed again and he had to award physical custody back to me. Upon the court awarding custody back to me, he asked I not impose a court mandated child support amount. Vowing to never be a "deadbeat dad". The biological father has shared medical costs and carried insurance for 19 yrs on our son. But the only "support" was maybe some clothes here and there. My son was basically supported by my husband of 16 yrs since getting custody back in late 2002. Now bio father is not wanting to pay for college or vocation school. I would like some of that money owed back!! I would love to give it all to our son to continue his education and life on. Any recourse action at all? Any way to file for back child support?
Submitted: 10 months ago.
Category: Family Law
Expert:  Chris T., JD replied 10 months ago.
Hello. I'll be happy to assist you.Your agreement with your ex that he does not have to pay child support was not valid at the time it was made. The only person who can tell a party that they do not have to pay child support is the judge who ordered it in the first place. As such, those child support payments are still technically owed. In Missouri, you can collect up to 10 years of back child support. Typically, an attorney can handle that process for you, if your ex has the money available. However, just knowing that may be a good reason for your ex to pay his share of post high school education, and you won't have to take that step, but if you wanted to, you could get 10 years of owed child support.
Customer: replied 10 months ago.
the judge did award him that right and I did not require it at the time. He is a police officer and we are in a very small area . That being said, the court system was not very fair in my favor
Customer: replied 10 months ago.
Everything was done through the courts in the tune of about $10k that he also never paid me back on
Expert:  Chris T., JD replied 10 months ago.
OK. If the court did not order it at the time, you cannot go back now and impose the payment as if the judge had ordered it then. If he was not upholding his end of the bargain to not be a deadbeat dad, you would have needed to go back to court then. However, now that he's 19, it is too late.
Expert:  Chris T., JD replied 10 months ago.
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