Legal Question in Family Law in Ohio
Back Child Support
My husband and I have been attempting to agree to the terms of a dissolution since I moved out of the marital home in July 2001. Now, as we near resolution, he is threatening me with having to pay back child support for our daughter who will be 17 in July, 2003.
His attorney claims this is possible while my attorney says it is not since we have not filed yet and no child support has been ordered. He is the residential parent, but we have joint custody and I have paid half of all monthly medical/dental premiums as well as half of all copays and out-of-pocket medical expenses for her. She also stays at my home on alternate weekends, school breaks, etc. and I provide for most of her day-to-day needs, i.e. clothing, school supplies, personal sundries, etc.
Can I be ordered to pay back support even though none has been ordered at this point?
1 Answer from Attorneys
Re: Back Child Support
Actually, he could file a separate action, but he would have to file it in juvenile court. I would not worry about the threat until you see the paperwork from the juvenile court. The domestic relations court cannot order back support.
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