Legal Question in Family Law in Idaho
How do I collect back child support on a modification request of which never wen
I live in Colorado. My son came to live with me in 1999. I have requested a child support modification in April of 1999, and child support modification for support while my son lived with me for 2 years. My son recently moved back to his father's home in Idaho.
I have been requested to pay child support which is fine, but my x husband doesn't have to pay for child support while my son lived here with me. Can I still persue my modification request of which is registered with the court? Does my x husband have more rights than I do?
2 Answers from Attorneys
Re: How do I collect back child support on a modification request of which never
I have several questions to which I need answers before
I can answer your questions; 1) Where was your divorce decree
entered? 2) To whom did the decree grant custody? 3) Was child support
ordered initially in the divorce decree? 4) does the father agree that
he should pay support to you?
Some general answers: 1) Any modification proceeding in Idaho
relates back to the date you filed the petition for modification in child
support so you should be able to get an order for child support to the
time the child went back to live with his father.
2) Assuming your petition is still pending, you might be able to
file a stipulation signed by you and the father agreeing that the child
was with you for the period you claim you had the child. This would
facilitate your ability to get the child support for the period from the
time you filed your petition to the date the child went back to the
father.
Any additional advice would necessitate that I get more info from
you on the issues I set forth above.
Re: How do I collect back child support on a modification request of which never
If the court didn't dismiss your case, they may give you the modification and order him to pay. Find out if the case is still pending.