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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32327
Experience:  Began practicing Family Law in 1992
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My ex wife had a child support order and dropped it a year

Customer Question

My ex wife had a child support order and dropped it a year ago. She was told by DSHS if she dropped it she could not refile later. Is this true? If it is true, can she go for back support? This doesn't seem right since we have an agreement outside of court and I now make $6,000 less than she does in a year.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, that's not exactly true.

She can always refile for child support. I suspect what they meant was that you couldn't just refile the exact same order. You would have to start over by refiling and asking the court to issue a new order with new figures based on the finances at the time you file.

She can go after back support but normally it can only be back to the time that the motion is filed, not for the time between when the other order was "dropped" and when she refiles for the new one. I say "normally" because there are exceptions to every rule but nothing here indicates a judge would be inclined to allow back support past the date of filing.

I am about to go offline for the evening but will be back online tomorrow morning so if you have any follow up questions I can pick up on them then and continue.

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Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.