My husband divorced his ex wife about 11 years ago. They have 2 children between the 2 of them (17 and will be 18 in Nov 2013 and a 22 year old) They had an agreement that was filed with their divorce that stated there would be no child support, she would carry medical insurance and my husband was to pay 1/2 of the medical payments, they would alternate every year when it came time to claim the kids on the taxes. (we haven't claimed his son for the last 2 years) Last week the ex just contacted my husband and stated that according to her acountant, she needs to file for child support and back date it to 7 years ago (when her second husband passed away). Questions 1. Can the support be back dated to 7 years ago or does it go into effect at the time of filing? 2. If they have a signed agreement, that was part of their divorce, filed at the court house in Virginia stating there was to be NO SUPPORT (he had the children 2 weeks a month)can the ex wife even attempt to do this? By the way, she stated that her accountant wants to take him to court. Apparently there is a problem with her taxes from the past couple of years! Something sounds fishy about all of this! By the way..she owns 2 restaurants, 3 rental properties and much more. Her problem is that she receives ALOT of cash that isn't accounted for when she files her taxes. She told my husband that her taxes aren't matching up!!! She is also trying to adopt another child and stated to us that she doesn't make enough money to adopt him! Weird huh? Any info would be most appreciated!
1 Answer from Attorneys
1. No, child support cannot be "backdated" beyond the date of the filing
of the petition for support.
2. Yes, the best interests of children involving their fundamental right to support cannot be compromised or abrogated by this kind of agreement even though it may have been incorporated into a final decree of divorce.
3. I have nothing to offer in regard to taxes or claiming the children as dependents for tax purposes.