Legal Question in Family Law in Ohio
Child Support Question
After a child reaches the age of 18 and has graduated from high school, can the custodial parent (my ex-wife)go back and request retroactive child support? My divorce was finalized 13 years ago and there was never a formal child support agreement. My ex-wife had primary physical custody and we equally shared all medical expenses and I paid money to her as she requested on a quarterly basis. Now my daughter has entered college and my ex-wife is still demanding ''support'' money and is threatening to sue me for retroactive support if I don't continue paying her. Can she do this? What are my rights in this situation? What could I be liable to pay her?
1 Answer from Attorneys
Re: Child Support Question
You asked about child support obligations.
In Pennsylvania a parent is often obligated to pay support through college or post-secondary training and is also often liable for 50% of the value of such training. That means that the non-custodial parent can be obligated to pay for 50% of the total cost of an education even if the child had scholarships worth 100% of the value.
To answer your question, yes, your ex-wife can go back and request retroactive child support but this amount would be offset by both her income and the the amounts you previously paid. Alsom she is limited in the length of time she can seek retroactive support. More important is that she can seek, and will obtain, a support order, that will provide ongoing support and contribution to education costs.
Hope that answers your question. It should also spur your to get to an attorney to resolve this situation before a long drawn out court battle.
Regards,