How far back can child custody be claimed?

Anonymous Asked:

Hi there, my question is concerning my situation. I have contacted a lawyer to proceed with my child custody cases but my lawyer is having a hard time contacting my child father so there for he is unable to get all the information needed. so my question is to know and understand what will be my lawyer next step? is my lawyer going to make the decision with the judge to get minimum payment from the father? or is he going to get he's information based on the fathers previous income tax file? i would love to get details about this do to the fact that my children have been in my custody for several years but yet i have never brought the fathers to court for custody and yet never received supportive help from the biological father. how far back can child custody be claimed? and if proof of unpaid child custody is needed how can i proof that i have been supporting them on my own all these years? i have read and understood all child custody information on your website but i cant seem to find custody information regarding this type of situation. thank you so much for helping and replying to this message.

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Andrew Heft

9 years ago

It is impossible to know your lawyer's exact strategy, this should really be discussed with him or her. To answer your question however, both options are technically available: you can reserve your rights for child support or calculate support based on income from prior periods. In both cases your rights should be reserved to review child support once you manage to obtain more current financial information from your ex-spouse.

Concerning child support the request for support can include amounts up to 1 year before the request if you can demonstrate that you could not request these before or if you can demonstrate that a request for support was done you can request support as of date where the support was requested.

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