going after back cs

[bjz71]

What is the name of your state? ohio

On thursday I filed a motion with the cuyahoga county juvinile court to have my daughters father pay me for 14 years of back child care. I did not receive court ordered child support until 2001 my daughter was born in 1987.My child support worker told me to go down and file on him for the 14 yrs. I did not have an order for. My question is what our the odds of me getting the back child care money and how do they figure out how much he owes me.

thanx,
bjz71

 

[BelizeBreeze]

My child support worker told me to go down and file on him for the 14 yrs.

Your child support worker is an IDIOT and practicing law without a license. Since you did not have a support order, any back support that you DO get will be awarded from the date of filing.

 

[bjz71]

why wouldnt I be able to get the 14 years that he did not pay? I was told as long as I prove that he is the father(which we have already done through dna testing) and that he did not support her and that I did that he would have to reimburse me for the years he did not help with her care.

 

[tigger22472]

What is the name of your state? ohio

On thursday I filed a motion with the cuyahoga county juvinile court to have my daughters father pay me for 14 years of back child care. I did not receive court ordered child support until 2001 my daughter was born in 1987.My child support worker told me to go down and file on him for the 14 yrs. I did not have an order for. My question is what our the odds of me getting the back child care money and how do they figure out how much he owes me.

thanx,
bjz71

Ya know, it's one thing to have an order and attempt to get the other party to comply with it, it's QUITE another to wait 14 years and file and then expect someone to pay back that long. As a CP who has fought for child support for 5 years I can say that if you are awarded 14 yrs of back support (which the chances are slim to none that it will happen) I hope you don't get it. What if dad wanted to go back and make you give him court ordered visitation for the last 14 years?

 

[bjz71]

the reason i didnt go after him when she was born was because i was afraid of him . we were both kids (him 16 me 15)when our daughter was born. he was very violent and more or less threatened me so I stayed away . by the time i was old enough to understand that i should have went for the child support i did not know where he was.when i found out i filed for child support and received my order but i think its entirely unfair that he gets away without fulfilling his half of it.as for him getting visitation he should have went after his parental rights years ago but because he did not want to pay for her he chose to stay out of her life on his own.

 

[BelizeBreeze]

the reason i didnt go after him when she was born was because i was afraid of him . we were both kids (him 16 me 15)when our daughter was born. he was very violent and more or less threatened me so I stayed away . by the time i was old enough to understand that i should have went for the child support i did not know where he was.when i found out i filed for child support and received my order but i think its entirely unfair that he gets away without fulfilling his half of it.as for him getting visitation he should have went after his parental rights years ago but because he did not want to pay for her he chose to stay out of her life on his own.

Unfair? Maybe. But you allowed him to get away with it by not filing for support in a timely manner.

CASE CLOSED!

 

[tigger22472]

as for him getting visitation he should have went after his parental rights years ago but because he did not want to pay for her he chose to stay out of her life on his own.

And you CHOSE not to file for a child support order... so in essence what you are saying is that it's FAIR for you to get 14 years of support, although you didn't file but it's not fair for him to get 14 years of visitation because he DIDN"T file.... Maybe you should look up the definition of fair!!

I think BB said it all.

 

[bjz71]

maybe if you had all the facts you guys might cut me some slack but i dont think any of us want to sit here and here all this out. plus you would most likely claim that this paragon of virtue did not get to say his side so i will agree to disagree with you guys and when i find out what happens with my case i will let you all know.

thanx

 

[nextwife]

The facts are that there is NO legal support obligation until a CO for support is filed for and established. PERIOD. Therefore, there is no "back support". Support would be from filing forward. Whatever your personal situation, one does not get to "save up" years if support obligation and then file when the child is almost grown to be paid.

 

[bjz71]

Update

I just wanted to give an update i went to court on feb 9 and we go back in front of the magistraite in may and we have to bring our w-2 and 1099 from 1992 till 2000 with us.my lawyer says he has a legal responsibility to reimburse me for the years he did not pay me .I will update in may.

 

[critterperson]

I just wanted to give an update i went to court on feb 9 and we go back in front of the magistraite in may and we have to bring our w-2 and 1099 from 1992 till 2000 with us.my lawyer says he has a legal responsibility to reimburse me for the years he did not pay me .I will update in may.

Good for you Let me know how it turns out!

 

[Gracie3787]

I just wanted to give an update i went to court on feb 9 and we go back in front of the magistraite in may and we have to bring our w-2 and 1099 from 1992 till 2000 with us.my lawyer says he has a legal responsibility to reimburse me for the years he did not pay me .I will update in may.

Your LAWYER says?? It will be interesting to see what the MAGISTRATE SAYS, since that is the only opinion that counts.

Ok, let's say that your lawyer succeeds in getting you the CS that you NEVER ASKED FOR WHEN YOUR CHILD WOULD BENEFIT FROM IT, I have a couple of questions for you to ponder:

1. Are you going to share any of this money with HIS CHILD?????

2. If he didn't pay you anything without a CO while his child was still a minor, what on God's green earth makes you believe that he'll WILLINGLY PAY NOW???

3. Even if an order is actually issued, do you really believe that you'll get any money??

You are living in a dream world if you think that just getting a CO for back support will be any easier to enforce than a CO where kids are still minors- just read these forums.

You waited until child was an adult to do this, which as I see it, shows that you want 2 things:
1. YOU get all the CS money and don't have to share it.
2. Revenge- pure and simple- a he didn't pay then so I'll make him pay now thing.

Well, good luck, you may win in court, but you are bringing yourself a wholw lot of problems with most likely VERY LITTLE ACTUAL MONEY. That's you choice- have fun.

I will be anxious to see how long it'll be before you post on here asking how to FORCE him to pay.
Gracie

 

[AnswerMeNOW]

Ohh Boo-hoohoo!!!

Hey OP...I live in Cleveland area and guess what?!

You won't get it! Your lawyer will tell you that because it's true. But stick your head out in the real world. The chances of you getting it are pretty slim. I can guarantee it. What YOU will be stuck with is paying the attorney doing this case for you. That is a bill YOU will have to pay and you can't pass it on to anyone else.

CSEA in Ohio does NOT -- I repeat NOT -- deal with past support. Just from the date of the Support Hearing. Girls like you come out of the woodwork all the time.

You do realize were talking CHILD SUPPORT -- NOT THE OHIO LOTTERY!!

And if you think your so-called reasons (I call them EXCUSES) are good enough for the Magistrate -- guess again! You will seriously be grilled as to why you waited this long. You have to PROVE what you claim. Simply saying "oh, he was threatening" will have zero weight. You have police reports? Restraining orders? ANYTHING?

I didn't think so.

If you think that a Magistrate is simply going to rule in you favor, you might want to take another puff.

Here's an idea: Look in the mirror. See who that is? It's YOU.

Who's the one who didn't file for 14 years??
YOU!!

Who's fault is that?
YOURS!

Since you two were NOT married, paternity needs to officially be established before any kind of support can even begin. Which YOU failed to do. See, there's that "you" word again.
Put yourself in HIS shoes...what if it someone was going after you for 14 years of support. You'd fight every attempt for the same reasons we are telling you. I hope that he does challenge any attempt.

Oh -- here's another wake-up call: if he does challenge any attempt at back support and HE WINS -- YOU will also be responsible for HIS lawyer's fees.

So, now you'd be paying yours and his lawyer's fees.

Stop your whining and playing the "poor ol' me because I was 16" card! Accept responsibility. It is YOUR FAULT you waited and no one else's. We don't need the "whole pile of crap...err, I mean "story".

YOU waited. He had no legal obligation to pay. Period -- end of story. You truly don't have a case. The only reason this lawyer is taking this on because he truly sees how clueless you truly are and that he WILL get paid! Sucker.

Another thing is for sure: you better make sure you have a really good paying job. Attorneys dealing with this in the Cleveland area average about 200 bucks an hour. There are plenty of strip clubs in the area to choose from for a few quick benjamins.

 

[stepmom&mom]

Nextwife,

I do have to say that not in all instances is it true that you can only get CS from the filing date forward. My husband's ex filed for CS in November of 2003 and he was made to pay back child support back to 2001 (when they first broke up.) They did not take into account that she was just now filing for it. So now he has about $5000 in arrears.

 

[knight7474]

I know in Florida, you can go back only two years from date of filing.