Legal Question in Family Law in Idaho

How do I collect back child support on a modification request of which never wen

I live in Colorado. My son came to live with me in 1999. I have requested a child support modification in April of 1999, and child support modification for support while my son lived with me for 2 years. My son recently moved back to his father's home in Idaho.

I have been requested to pay child support which is fine, but my x husband doesn't have to pay for child support while my son lived here with me. Can I still persue my modification request of which is registered with the court? Does my x husband have more rights than I do?


Asked on 7/25/01, 4:44 pm

2 Answers from Attorneys

Gass Timothy Gass Law Office

Re: How do I collect back child support on a modification request of which never

I have several questions to which I need answers before

I can answer your questions; 1) Where was your divorce decree

entered? 2) To whom did the decree grant custody? 3) Was child support

ordered initially in the divorce decree? 4) does the father agree that

he should pay support to you?

Some general answers: 1) Any modification proceeding in Idaho

relates back to the date you filed the petition for modification in child

support so you should be able to get an order for child support to the

time the child went back to live with his father.

2) Assuming your petition is still pending, you might be able to

file a stipulation signed by you and the father agreeing that the child

was with you for the period you claim you had the child. This would

facilitate your ability to get the child support for the period from the

time you filed your petition to the date the child went back to the

father.

Any additional advice would necessitate that I get more info from

you on the issues I set forth above.

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Answered on 7/30/01, 10:45 am
Jack Harding Denver Center for Divorce Solutions

Re: How do I collect back child support on a modification request of which never

If the court didn't dismiss your case, they may give you the modification and order him to pay. Find out if the case is still pending.

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Answered on 7/26/01, 10:29 am


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