Joint Custody But Father Never Excersised His Rights

by Tanya Cyre
(Torrance, CA)

The father of my two children, 17 and 15 was awarded joint custody. From June 2000 to June 2008 he had zero contact with his children and I did not know his whereabouts until he contacted me at work in June of 2008. My questions is, can I get arrears for either of my children? My 17 year old will be 18 on 11/29/09. I have a case pending with the Los Angeles child support services department, but they will only establish a current child support order. They can enforce a arrears order, but i don't have one. How long do I have in order to file for arrears?

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What A Terrible Shame!
by: Child Support America Team Member

Hi Tanya,

What a terrible shame for your ex to miss so many years of his childcare's lives. We are not sure that you can file for arrears if there was never a child support order in place. Is there a reason why there was no order in place when he adandoned his position as father? Please let us know via this post.


by: Tanya

No child support was awarded. We both had joint custody. He actually wanted spousal support since he was making less at the time than I was. I went to court yesterday to modify the order and order to show cause seeking arrears for the years he was in contempt of the existing order by not having any contact with his children. Hearing date is Dec. 23. I will post the results as this may help other women in a similar situation.

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