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My Husband pays child support to his child's mother. The…

My Husband pays child...

My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take into account the agreement they have had for the past 7 years?

Lawyer's Assistant: What steps has your husband taken? Have they filed any papers in family court?

No they haven't done anything

Lawyer's Assistant: Family law varies by state. What state are they in?

She is in NY we are in NJ

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

How does this service work? You are going to connect me and pay a fee-?

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Answered in 1 minute by:
1/2/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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If the kids are still minors, then yes the mother can still legally file for child support.

Yes, the court should take into consideration what your husband has paid in the past. Hopefully your husband has copies, or can obtain bank statements, showing that he has in fact been paying child support -- that would prevent the mother from being able to ask for backed child support.

The court will take a look at your husband's income and monthly expenses when making a determination about the amount of child support ordered.

I hope that helps!

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Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Customer reply replied 7 months ago
Hi Thank you so much for the help. Yes he has been direct depositing the money into her bank account every pay check. It just less than the 17% ordered by NY state. He also gives her money for clothes and splits all other expenses for activities with her. So she should not be able to request back child support right?

Yes, that's correct. Based on the information you've shared it's unlikely that a judge would grant a request for backed support.

Your husband should begin preparing a file with copies of all the direct deposits that were made, as well as any receipts or bank records he has for the other shared expenses.

I hope that helps! Best of luck to you both!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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