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Stacy Adkins
Stacy Adkins, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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Recently I was taken to court. a petition to establish child

Customer Question

recently I was taken to court. a petition to establish child support, the state filed on her behalf, during the conference she decided that we could work it all out between us and she wished to no longer recieve or pursue the petition to establish child support. that we could handle it privatley. the judge informed her that she would not be able to come back later and say I want child support I ant to go back, she said she could go back and request it but that she couldnt get any back support or past support, she agreed to and said she understood this while under oath, she also stated that I had always giving my child the support he needed, Id always paid. A month later I am served again , this time in front of a different judge she petitions for support again, and requests back support stating I never paid her any support ever, she is granted back support, how is this possible? hat can I do ?
Submitted: 10 months ago.
Category: Family Law
Expert:  Stacy Adkins replied 10 months ago.

Hi Allen, I'm Stacy. Which state are you in?

Expert:  Stacy Adkins replied 10 months ago.

Generally, child support belongs to the child and not to the parents, therefore, they can't choose to waive it on behalf of their child. That being said, in this situation, typically you'd be responsible for child support (if the judge grants it) from the time the petition was filed. That would mean from the time the second petition was filed since she voluntarily dismissed the first petition. Do you recall what the final order from that first hearing said? As to whether she was permitted to refile.

When you go to your next court hearing, be prepared to bring any evidence that you have submitted support to the child. Receipts, email invoices, text message conversations that acknowledge support you've paid to her or sent to her, canceled checks, etc.

Expert:  Stacy Adkins replied 10 months ago.

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