Can I get back dated child support from my ex if he was in prison for the last 8 years? my son is now 18.
More details:
I got divorced while my ex was in prison and the judge left the child support portion of the decree "open" in case I ever wanted to ask for support. My ex has now been out for about 1 year. My Son still lives at home, is 18, getting ready to graduate, but I still have never asks for child support. Would a judge rule that I can seek retro-support for the years I was a single mom? thank you.
Answer
As a general rule there is no retroactive support, and support stops at 18 (if high school graduation is after that, usually at graduation). So I suspect, sadly, the answer is no.
Answer
It is surprising the court left it open. Perhaps your case was before case law which requires that it be set, even if at minimum wage, so that it accrues. Since your son is 18 it stops unless he is still in high school.
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