Can one ask for child support on a joint custody agreement that had no arrangement previously?

Question

I was divorced in Oklahoma 15 years ago, we've had a joint custody arrangement with no child support exchanged between the parents for the entire 15 years. Now, the children are 17 and 18, the other joint custodial parent (who has had the kids the majority of the time) is trying to get child support. Currently the 18 year old is living with me. How far back can they go? Can you petition for it after the child has turned 18? And can I ask that it NOT go through the Cherokee Nation courts but rather a state court? Also, we feel this is in retaliation because the 18 year doesn't want to live with the parent requesting support. How would the average judge react to that?

Answer 1

In the state of Oklahoma the age of majority is 18.  Meaning child support stops at the age of 18, unless the child is still in high school.  If the child is still in HS then it can go until their HS grad date, but not past 20th b-day.  As far as going backwards.  They don't do that in Oklahoma.  They only go backwards if this is a paternity case, which I doubt since you were married.  OR if it is not a paternity case they will only go backwards if the person who has custody is on TANF.  So if your ex is not on TANF they won't go backwards.  Here's a good link for a brief overview of OK child support laws.  There is lot's of good info. in there but what you really want is the "support order establishment" section.

http://ocse.acf.hhs.gov/ext/irg/sps/repo...

Answer 2

I cannot answer for the American system as i am in

Australia, but it seems unfair under the circumstances.

I hope someone that has had similar experience can

answer this for you and put your mind to rest.

In similar situation, though never asked for any support.

All my children grown up now and the youngest is 17 !

Answer 3

I would like to know this as well, great question. I dont think you have to back pay, as when they are 18 they are legal age and you dont pay child support. If it was arranged during their lives with no child support it should not have to be pid at this time. The 18yo is not currently with the parent so there is no reaason for parent to accept child support.