Back Child Support?

0 points10 commentssubmitted by Sesune to r/ChildSupport

Long Story with a lot of details which complicates things... will try and give the pertinent details only.

Lived together with my then boyfriend for about 5-6 years in the state of California, in which things did not work out. During this time, we had two kids and were never married. This was back in 2001 when he left, kids were still very young.

Filed for child support and he mostly paid the amount due every month. At some point I had it taken directly from his payroll due to reasons.

I eventually found someone new, got married and wanted to change my kid's last names to my husband's last name. We also needed to move out of state due to lack of jobs in California.

I made a deal with my Kid's father that if he were to give me sole custody of the kids, allow for their names to be changed, adopted by my husband, and move out of state, that I would go back to court and modify the child support to zero dollars owed to me.

After fighting with him over this for months, he finally agreed. We went to court and had the court order reflecting that he would no longer have to pay child support and that I could move out of state and change the kid's last name. This was in 2006.

Since then, I had another child with my then husband. Our relationship has been a struggle over the years due to my first two kids rebelling against my then husband. Marriage did not work out due to physical and emotional abuse to my two oldest kids. I had his parental rights revoked due to this and I have been a single parent for the past 6 years. My two oldest kids are now 19 and 20, one lives with me and goes to college. The other is out living on his own.

The question I have is if I can refile and file for back child support for my kids at this point. Primarily this is for my two oldest, whose biological father has been off the hook for child support since 2006. I do understand that we had a court order in which we agreed he would not have to pay anything, however circumstances changed over time in which I was struggling and still am struggling from having to raise our kids alone.

Would I have had to file something back then and am I too late at this point now for my two oldest? If not, would I have to refile the request in California or could I do it in the current state we moved to and are still living in? As for my youngest child, I am in the process of filing for child support for her, but not sure if I would be able to get back support for her for the past six years either?

Thanks in advanced for any advice given, been trying to navigate this all on my own and its tough to find time between working two jobs to make ends meet.