Legal Question in Family Law in Michigan
Child support - can she go back?
My husband's ex-wife has said she is going to file for back child support.
In the official court ruling, no child support was ordered due to the liberal visitation he had with the child per the court order. The child quit her visitation when she was 13 (she's 18 now), but the mother never went to court then to have the visitation or the support amended. The child has been living away from her mother since she was 17.
Can she go back and get this support, even though the child is over 18 and the official custody/ support agreement didn't allow for any back then? Thanks.
2 Answers from Attorneys
Re: Child support - can she go back?
you may only get retroactive child support back to the date you filed your motion for support, if you have any futher questions please feel free to call, Mark Snover 248-258-0800
Re: Child support - can she go back?
No, she cannot, although I'm surprised that the court allowed her to bargain away the child's right to support in the past.
Modifications for child support are NOT retroactive.
Since the child is no longer living at home, I would think the court would not look faborably on the mother's request AT ALL.
The child, however, may be able to get some sort of support if she is not emancipated, but the mother's grounds are non-existent.
It would be a different story if the support had been ordered, but never paid, or held in reserve until the child was older. But, from what you've written, if she didn't get the support ordered in the first place, she's out of luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
