easy
recently joined
Reged: 11/10/09
Posts: 7
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my wife has filed for divorce in march of this year, the lawyer is just now getting around to it and almost has papers ready for me to sign.my question is can i get child support for all those months we were seperated? my kid lives with me as i have cousty of him. i feel her lawyer took so long so she wouldnt have to pay for all the time he took to get papers ready since me and my wife have no money or items to dispute.
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junebug
addict
Reged: 10/05/06
Posts: 496
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yes, child support can be retroactive to the date of filing.
But it would have to be in the papers that you are signing. You can't sign an agreement finalizing the divorce, visitation & child support & THEN go back & ask for the support to be dated back to filing. The time is now to get it.
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easy
recently joined
Reged: 11/10/09
Posts: 7
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ty so much as i havnt got the papers yet ! so what i understand i need to tell her lawyer i want to be paid since the date of her filing ? do u think i need a lawyer for this? i dont have one
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junebug
addict
Reged: 10/05/06
Posts: 496
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yes, tell her lawyer that you want retretroactive support to be included in the agreement. Be careful though--if you ask for retro active, they may not want to agree & then it would have to go to court & you would probably have to get an attorney & then any chance of "peace" is out the window. The cost of an attorney & court would be anywhere from $4000-$10K. So decide if it's really worth however much you would get in retroactive support--how many months has it been? How much $$$?
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easy
recently joined
Reged: 11/10/09
Posts: 7
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would i really need a lawyer or could i handle this myself with the judge? cause i am on a fixed income and money is tight. ive been outa work for a year now and have been rasin my son on unemployment money.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7136
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You need to get information specific for your state. Not all states will go back to the date of filing. Some will only go back a couple of months (WI goes back 2 months) and others not at all. I would get the information before I present anything to her attorney. He likely already knows how far the state will go back and if you ask for more than that amount they are going to tell you to pound sand and you'll end up in court. I hate to say it but in divorce situations you really can't afford NOT to have an attorney.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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easy
recently joined
Reged: 11/10/09
Posts: 7
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ty debi, where would i find that out , im from indiana.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20056
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"ty debi, where would i find that out , im from indiana. "
www.acf.hhs.gov/programs/cse/extinf.html
ETA: www.in.gov/judiciary/rules/child_support/
Edited by Sherron (11/12/09 10:41 PM)
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