Legal Question in Family Law in California
Back Child Care pay from a Non Custodial Parent
My ex is not currently paying child support. I never filed for it after our divorce. We just agreed to him paying half of the child care costs. But to date he has not paid anything. He owes me over $1000 in back child care. I want to know if collecting back child care is like collecting back child support where you can not collect on any of it until a legal request is filed. And then the back child care starts from the date the request is filed. So if I file a request now...will he not be required to pay what is already back owed to me as just verbally agreed upon between him and I?
1 Answer from Attorneys
Re: Back Child Care pay from a Non Custodial Parent
Yes, collecting child care is like collecting support. You can only collect it from the time the request is filed. However, if you can convince a judge that there was an agreement between you that he would pay a certain amount (such as 50%), then you can collect it from the time the agreement was made.