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Can I get past due child support?

My daughters are 20 and 18. We have been divorced for 12 years. He was ordered to pay child support by Texas. He paid approx 1 years worth in the last 12. Does he still owe the overdue payments? And how do I get it? And he is in the military currently. I want to get the money and give it to the girls for their future.

15 Answers

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  • Favorite Answer

    If your state has a statute of limitations for collecting on judgements, then you may not be able to collect anything. In the state I'm in you have 10 years to collect. Contact Child Protective Services to see if they can offer any assistance to collect pass due child support.

  • 1 decade ago

    Generally this is the way it works. The court order usually states that child support is to be paid until the child is 18 yrs of age. Sometimes this goes beyond this age if the child is a college student. After whatever age the court order states, the child support and any back amount stops to the wife.

    However, in some states, if there is back child support the child at age 18 may sue the responsible party involved for the money.

    You, however, are usually no longer involved. Check you state laws or a casual call to an attorney or his/her paralegal can give you the answer for your state.

  • Anonymous
    1 decade ago

    Like the answerer above me stated, it doesn't matter how old the kids are, even if they get emancipated as long as there are arrears owed the case will remain open until they are paid in full---- I just don't understand how come the child support office has not put a garnishment in his military pay?? I work for NJ child support and we have many garnishments in place with the military (DFAS - the department of defense)

    Contact your local child support and have them contact DFAS asap to do a garnishment- They should have the address and fax number. If they are unable to enforce or collect then someone in that office is just not doing their job!

    Source(s): work for child support
  • 1 decade ago

    Yes you still can. The military does not like their soldiers to be behind on childsupport. The court order states he must pay child support. If he is behind you can collect it at any time. I would talk to an attorney and have the attorney send papers to the army showing he has a court order for childsupport. You will have to probably take him to court for it again. But when you do, the papers will be sent to the military and they will take the over payment out of his military pay.

    But yes, you can get it. Talk to an attorney to find out the proper way of doing it. You can also contact a Jag officer. That is a military lawyer. Good luck in getting your Childsupport. I know what it's like to go through that.

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  • Anonymous
    1 decade ago

    Thats difficult. If he was ordered to pay and didn't, yes you should get it, But if you were on any kind of public assistance they will deduct that from the amount he owes. Also if he is in the military then you should contact them and they will force him to pay, because they wont tolerate any wrongful treatment of family. Contact you local Child Support Office and or an Attorney and they should be able to help you.

  • 1 decade ago

    If there was a court order you may be able to recoop past support. I know what it was like. I didn't follow up in Wisconsin, and my kids would have been due a good amount which would be handy for college. Supposed to have been reviewed annually. I guess the only person you can trust to look out after your kids is YOU, contact an attorney and have all prior court records with you. Be prepared for alot of paperwork and GOOD LUCK :)

  • keys
    Lv 4
    5 years ago

    If there's a courtroom order requiring him to pay you a particular volume then He can not bypass antagonistic to that. He can attempt to document a action to modify yet when the youngsters are with you probability is it wont substitute except there has been a substitute in income. As for the time that 2 of then children were residing with him i do not comprehend technically he ought to bypass when you for help for that era of time reckoning on what the state rules are. besides the actuality that you had an contract the courtroom order many times overrides the contract rather even as the order changed into in position previous to the arrangements both of you made. He would not make the rules. The courts do. If he needs to push the priority you ought to document a grievance with the courts and he may be help in contempt. verify with your close by newborn help enforcement organization they could nicely be able that can help you you out.

  • Anonymous
    1 decade ago

    I am currently receiving child support arrearage payments and my daughter will be 23 in October...You have to contact Child Support Services in the County and State where it was first ordered...If you have moved, then go to the Office in the County and State you reside and they will request the order...It is up to the courts to order him to pay..It doesn't look good for a member of the military to ignore his family obligations...

    GOOD LUCK

  • 1 decade ago

    I am almost sure you can. I know in the state of Georgia you can. Contact your state child services people. They should be able to suck it right out of his paycheck. I am also divorced, both of mine are in college now and I pay for that. I never missed a day of support when they were younger. I have real issue with deadbeat parents. GET YOUR MONEY. Good luck

  • 1 decade ago

    If he is arrears for his child support, yes, you can recover the money no matter how old your daughters are.

    The sticky part is that he is currently on active duty. In my state (MN) you cannot serve papers to collect a debt on someone who is on active duty.

    I would call the county child support office where you live and have them lead you through the process.

    Good luck, and good for you for taking care of his kids when he wouldn't!

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