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I have a question about family law. I have been divorced for…

Hello, I...

Hello, I have a question about family law. I have been divorced for 7 yrs and my children are 22 and 18. My ex is threating to take me back to court for child support. He was order to pay me at the time of divorce but since has alienated me from my children and stopped paying my 5 yrs ago without taking me to court or modifying the decree. Can he make me pay back child support for the 5 yrs?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

The divorce was filed in MO I since moved to AZ.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at the moment.

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Answered in 1 minute by:
9/26/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Were the children living with him for the last 5 years?

Have the children finished high school now?

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Customer reply replied 9 months ago
they have been with him. My son is 22 and my daughter just turned 18 and is a senior in high school.

Child support is only allowed back to the date of filing the petition. He could ask the court to order you to reimburse him for any child support he paid to you while they have lived with him (which I understand from your facts would be $0).

So, if he filed a petition on October 1, 2017, he could only be awarded child support back to October 1, 2017. He could only be awarded child support for the daughter since she is still in high school.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 9 months ago
you are saying he can't sue me for the 5yrs since he stopped?
Customer reply replied 9 months ago
But he can go for support until she graduates? But the difference in income will still be concerned? He makes 2x what I do.
Customer reply replied 9 months ago
Considered

Correct on all counts.

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Customer reply replied 9 months ago
Ok Thank you.

Actually, he can still sue you for the 5 years, he just won't win.

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If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 9 months ago
OK. That is good! One more thing....since I live in a different state will I have to go back to MO if he takes me to court?

The court with jurisdiction will be the one where the kids live. In this case, probably the youngest child is the only one that will count.

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Customer reply replied 9 months ago
Ok. Thanks for your time.

You're very welcome. Please don't forget to issue your rating so I get credit from the website.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 9 months ago
Will do!

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Customer reply replied 9 months ago
Hi Dwayne....I just thought of something else. If he has remarried it the calculation based off their combined income?

No, not usually. It is usually figures on just the parent's income.

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Customer reply replied 9 months ago
ok...just trying to inform myself to respond to his threatening text. Thanks again.

No problem and best wishes to you. Usually the best thing to do is just not discuss it and not respond to the texts. The longer he waits the better it is for you and the more you respond, it's been my experience, the likelier it is the other side files.

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Customer reply replied 9 months ago
That is good advice! He's been threatening to do is for years.

That's the way it seems to work.

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