How to File for Back Child Support After the Child Custody & Divorce Case Is Settled
- 1). File a motion to compel child support payments if the paying parent has not been paying child support. Format the motion properly for your state -- you can use a motion from the divorce case to get the heading, or case style, of the case. The case style includes which court you are filing in, the petitioner, respondent, case number and division.
- 2). Number each item individually. You must state that child support was ordered, the date it was ordered, how it is supposed to be paid, and the amount you are entitled to. For example, if you have a final judgment of dissolution of marriage that orders child support, you would cite that document and the date it was entered, attach it to the motion you are writing, and number that allegation as number 1. Number 2 would state the amount of child support that the document orders. Number 3 is the frequency of payments and the total ordered for the month, and whether it is paid to the court or directly to you.
- 3). File the document with the clerk of court. Let the clerk know that you do not have an attorney and that you need a hearing on your motion. The clerk will direct you to the proper procedure for your state. Clerks in most states will make a notation and have the hearing set for you. Other states have a "pro se" department. This is a section of the clerk's office that helps people who are filing legal documents without an attorney.
- 4). Attend the hearing. Be prepared to testify about child support payments you have or have not received. If child support is being paid directly to you instead of a state agency, be sure to bring receipts showing when child support was paid. The court may order child support to be paid via an income deduction order -- if your state has direct deposit, be prepared to provide your banking information.