Do I have to back pay for child support?
I just found out that a child I have seen once is my son. My ex-girlfriend had a baby and he is now 4 years old. My name is not in the birth certificate, but I know he is mine just by his looks. I have not gotten a paternity test yet, but if the babys moma wants to come after me for child support does that mean I have to pay back child support. Note: she has not had any benefits from the state nor goverment for the child.
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she cant get no child support from u until u and her are both sure that that baby is urs other wise i would have to pay lol
The state you are in will order a paternity test first. If they don’t, demand it just in case the child really isn’t yours. If the child turns out to be yours, then yes, they will determine how much money is owed in back child support, but the ex could be nice and offer to write that off since you were not granted visitation or knowledge of him until now, or a judge may determine that for you (but normally they won’t).
If she proves the child is yours, you are on the clock from day one.
Get a paternity test or have her sign an affidavit that he’s not yours.
You will be required to pay child support from the time that the child is proven to be yours going forward.
You cannot be held liable for child support payments prior to the date at which a court declares you to be the father. Even if you get a paternity test and have it confirmed that you’re the father you’re still not on the hook until a *court* says you’re the father.
Richard
No. She can only get child support from the date of the court order forward. If she had a court order previously and you were unaware of it, then yes, you’d have to pay back child support (back to the date of the original court order) even though you were unaware. But it doesn’t sound like she has that. And if paternity wasn’t established, no court would’ve given her one anyway. You can’t always count on "looks" to determine paternity. Get a paternity test to make sure before you agree to pay child support or be put on the birth certificate . You have to agree to be put on the birth certificate OR a paternity test must be done, she can’t just put your’s or anyone else’s name on it. The laws have changed in that regard. And if you agree you’re the father and agree to pay child support without the paternity test and a court order is established; you cannot go back and deny paternity later on. You will, under the eyes of the law, always be that child’s father even if it’s proven by blood test that you’re not and you will always be responsible for child support, etc.
**ADD**
While the answer below has a good point with regards to her obtaining back child support , I don’t think it’s relevant to this particular situation. In the asker’s case, the child is four years old with no contact from the mother whatsoever in regards to paternity or child support. While you can never tell what a judge will do, I don’t believe that any judge would order back child support when the mother has made no effort to determine paternity or establish child support on her child’s behalf for such a long period of time.
All of these answers are wrong. I proved my ex to be the father of my daughter when she was 11 months old and I was asked at the court date if I wanted to get the back child support or not. It was my choice, but they said that the child deserved it. So I said yes. Had I of said no then he would have only had to pay from then on. I said yes because he was a dead beat loser who wanted nothing to do with her, so hopefully your ex doesn’t hate you if he’s proven to be yours. My daughter had my boyfriends name as the father on her birth certificate, but was removed and the real father was put on there not by my or his choice because I didn’t want that dead beats name on there – he didn’t deserve it. As far as the money goes, you have to pay a month (lets guesstimate $200) times 4 years which is 48 months – your looking at $9,600 dollars in back child support. You won’t have to pay it all at once, but they will make you pay more then what you would til its paid off. If she isn’t pursuing a DNA test then don’t worry about it! But if you think he is yours I would do the right thing and get into his life. Good luck – hope your baby mama ain’t crazy lol!
ADD to the person above – that is true BUT it is the mothers CHOICE and the child DESERVES the money. That is what they said to me anyway. But your right, 4 years is a LONG time.
You will not have to pay unless you are the father. If you are proven to be the father, then you will have to pay from that day until the child turns 18. Hopefully you will get lucky and not be the father. But if you are then you should step up to the plate and not only pay child support but be in the kids life. No kid wants or needs to grow up without a father.
The answer is probably "yes and no", depending on your state’s laws. Where I live, in a situation like this, a woman cannot ask for more than a year’s back support from the time she first petitions the court for support for the child. The court figures she could have done it as soon as the child was born, and it’s on her if she didn’t. Laws on this will vary from state to state, so it’s best to ask a lawyer licensed in your state – or in her state, if she lives in a different one, because jurisdiction is where the child resides.
I would talk to her first and see what she wants and expects now that you finally know the truth. It will be easier, and cheaper, if you have a lawyer do a custody/visitation and support document on an agreed basis.
A woman cannot after years, come to you and say, " by the way you have a child and I expect child support from birth." Especially when you have no idea a child even exists.That is not how it works. People cannot demand payment on something the other knows nothing about. Child support starts from when it is ordered from the court. If she can prove you knew from birth the child was yours then there is a slight possibility she could collect from birth but that is most unlikely.