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The Impact of abandonment and the Retro Active child support


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#1 Law_N_Order

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Posted 22 January 2013 - 07:58 AM

Can a Mom's abandonment of a marriage impact her petition for Retro Law for Child suppor from Dad?

Facts:
Mom abandon the marriage
Dad paid 100% child care of $250.00support
Mom now wants three years of Retro support

#2 Ted_from_Texas

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Posted 22 January 2013 - 10:15 AM

Not sure what you mean by "abandon the marriage." "Abandonment" means diffierent things in different states and you don't identify your state, but simply leaving your spouse does not constitute abandonment in any state.

Whether she Mom successfully retrieve child support from Dad depends on whether there has been a divorce action, and if so whether there's been a custody and support order entered by the court and if so, what it says. I suggest you speak to a local family law attorney to find out how your state laws apply to your particular circumstances.

#3 Guest_FindLaw_Amir_*

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Posted 22 January 2013 - 10:26 AM

I agree with the previous poster, you may want to consult with a local lawyer to advise you on your specific situation. You may want to visit Legal Street and take advantage of having a local lawyer available to address your legal concerns. For a low monthly fee, a licensed attorney in your area will be available to answer various legal questions that you may have.

#4 pg1067

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Posted 22 January 2013 - 11:03 AM

Sorry, but your post makes virtually no sense at all.


Can a Mom's abandonment of a marriage impact her petition for Retro Law for Child suppor from Dad?


As the first response mentioned, it's not clear what you mean by "abandonment of a marriage." It's also not clear that you mean by "Retro Law for Child suppor[t]." "Retro Law"???


Facts:
Mom abandon the marriage


That's not a fact; it's a conclusion.


Dad paid 100% child care of $250.00support


Not clear what this means. When did he pay this? What does "child care of . . . support" mean?


Mom now wants three years of Retro support


Ok...is there a divorce action pending? If so, when was it filed? When did the parties separate? When did mom first apply to the court for a child support order? In what state is this happening? Absent some unusual facts, retroactive support for any period prior to the time of filing for a child support order is not possible.




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