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Asked 3/19/2011

Can I reopen a child support case which was voluntarily closed without prejudice

In 2006 I signed a voluntary closing without prejudice on a child support claim. Since then I have been struggling finanicially and physically. My daughter is 16(soon to be 17) and at 15 she contacted her father on her birthday for a gift and she has been seeing him ever since once or twice a month. He gives her a 100 a month for her social life but refuses to pay child spport. I've had to get a second job at night just to pay for gas, work a full time job during the day, and now have had to file bankruptcy, can my case be reopened and can I get back pay. thank you

 
 
 
 
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Answer 1/7 - Submitted 3/19/2011

Hi, emmey52, and welcome to WebAnswers.

I would have to understand HOW and under what circumstances child support enforcement agreed to close a case, and in what state this occurred, because federal law has specific guidelines for allowing a case to be closed, and I have to wonder what happened in 2006, inasmuch as you have been struggling since.

Now, generally, if there was an order in place from a court for child support, you can reopen child support enforcement, and he would have to pay child support for all the time that he has not, since the order was not modified.

But, I will wait for some detail from you in order to better answer your question. Thank you for choosing WebAnswers as your sourceā„¢.

 
 

Answer 2/7 - Submitted 3/19/2011

Hello and thank you for answering. I will clarify my situation. I'm in Florida and under difficult circumstances with my daughter at the time she didn't want to go on with it, so I talked with my attorney at the time and asked to drop the case. She indicated to me that I just wouln't be able to reopen that case and go for back pay on it. There was an orde from the Judge just a voluntary dismissal without prejudice.

 
 

Answer 3/7 - Submitted 3/19/2011

I'm sorry, but I guess I mis-read your question, and that this is about a child support case for which an order had not ever been entered.

If I have got this correct now, then, yes you can file a new petition, but I am not at all certain that you cannot go back to the very BEGINNING of the child's life, although you will have to explain what occurred in 2006.

To clarify your clarification, are you stating that there was no actual order for child support and that you only filed

 
 

Answer 4/7 - Submitted 3/19/2011

Hello and thank you for answering. I will try to claify my question. I'm in Florida and there never was a court order, my daughter was going through some difficult times and didn't want proceed on so I spoke with my attorney at the time of how I could drop the case, so I signed a voluntary dismissal without prejudice. She advised me that I would not be able to reop that case or go for back pay for that time from as well. Does this help alittle better? thanks

 
 

Answer 5/7 - Submitted 3/19/2011

Since it was dismissed WITHOUT prejudice, then you can reopen the matter, but I would find a competent family law attorney.

 
 

Answer 6/7 - Submitted 3/19/2011

Thats correct we did not get to court there was to be a mediation meeting but that was cancelled & I dropped the case. At this time I'm really not looking to go all the way back just back to 2006, my attorney said I couldn't go back for back pay when this dismissal was signed

 
 

Answer 7/7 - Submitted 3/19/2011

I have since been working with a new attorney (the other one I really felt was not working for me)that is handling my bankcruptcy and does family law too. thank you for your help and advise/clarification I will be going foward and filing with no turning back

 
 
 
 
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