I am in SC. The mother and child are in FL. I was served with papers that I am the father of a child that's 12 years old in FL. The mother is asking for child support retroactive back to the date of birth.

1. Can they ask for 12 years of retroactive in FL?
2. I am married and have 3 children with my wife. Will this be taken into account when they determine the amount that I will have to pay?
3. What's the maximum percentage of income can they take from me?
4. Does it have to go through my employer for direct payment?


Any help would be appreciated. Also anything else that I may not have thought of would be appreciated as well.

Thanks.

It's based on income and there are several "calculators" on line. Just as a starting point for 1 child on a $5,000 a month gross income it's $804. I checked back and, yes, others have responded that Florida does allow for retroactive child support; from what I can tell, no, the percentage is based on income without other factors such as children; the maximum amount of income they can take doesn't really matter - if you are thinking of not paying and allowing a garnishment you can be arrested for non-payment and the balance will just keep adding up; no, you can pay directly and not through your employer.

Are you 100% positive that the child is yours? Have you had DNA testing? Others have been in this situation and then found out it's not their child. 12 years seems like a long time before tracking you down - I think I'd consult with an Attorney.

Q:Can they ask for 12 years of retroactive in FL?
A: Yes
Q:I am married and have 3 children with my wife. Will this be taken into account when they determine the amount that I will have to pay?
A:It does not matter for CS determination
Q: What's the maximum percentage of income can they take from me?
A: Sixty per cent
Q:Does it have to go through my employer for direct payment?
A: No. They can garnish your earning only if you do not pay.

I am going to request a DNA test. I do have every intention of paying if the child is mine.
That's another problem I have... why is it that after 12 years it's being brought up? I've not been hiding.

Does FL only allow for the retroactive to go back for so long? Or is back to the date of birth allowed? That's 12 years of retroactive payments! I have a family with 3 kids. I am extremely concerned about the percentage that can be taken from my income.

I am going to request a DNA test. I do have every intention of paying if the child is mine.
I wish it will not be late for DNA tests-Fl has limitations.

That's another problem I have....why is it that after 12 years it's being brought up? I've not been hiding.
Ask the mother and clerks.Good question


Does FL only allow for the retroactive to go back for so long? Or is back to the date of birth allowed? That's 12 years of retroactive payments! I have a family with 3 kids. I am extremely concerned about the percentage that can be taken from my income.
No. A few states have limitations for RCS.
For example-in Illinois court is not required to grant retroactive child support at all. In deciding whether to grant such an award, the court will look at several factors, including:

The past behavior of both parents
The effect of an award on the parent who has to pay
Whether the other parent was avoiding paying support
Why it took so long to file a claim for child support

Sixty percent?? Ok, so what happens when my salary now becomes one that I can't afford my mortgage, much less anything else for my home, wife and three children?

Sixty percent??? Ok, so what happens when my salary now becomes one that I can't afford my mortgage, much less anything else for my home, wife and three children?
OK- it is possible to be forty per cent.
If the mother is on welfare,the government is interested in collect the money. They are not interested in anything else. That"s the truth.
Have a look here:
Debt and Bankruptcy Laws -- Wage Garnishments -- State Statutes -- Florida (http://www.bcsalliance.com/debt1_florida.html)

The Federal Wage Garnishment Law, Consumer Credit
Protection Act's Title 3 (CCPA)

Specific restrictions apply to court orders for child support or alimony. The garnishment law allows up to 50
Percent of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another
Spouse or child, or up to 60 percent if the worker is not. An additional 5 percent may be garnished for support
Payments more than l2 weeks in arrears.

The Financial Declaration from the mother is dated May 2007 (last year) and it states that she was on maternity leave and was drawing unemployment for $200 per week, and in addition, she was receiving food stamps for $135 per month.

Do I HAVE to have an attorney for this? I really don't have the extra funds for an attorney.

Do I HAVE to have an attorney for this? I really don't have the extra funds for an attorney.
It is always a good idea to have an attorney!!
It is better to spend $2,000 now instead $ 200,000 in the future:)

I'm still hung up on 40-60 percent... I will not be able to pay my own bills (roof over my head, food for my family, etc.) if they do indeed deduct that!

Yet if I don't pay - I go to jail?

It's a lose lose situation.

42 U.S.C. § 666(a)(9)(c),aka Bradley Amendment,overrides any state's statute of limitations.The law disallows any judicial discretion, even from bankruptcy judges.The law requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to make the notification or regard for their awareness of the need to make the notification.

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?
:)

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?


In plain English, yes - however (and I'm not being judgmental), the only children involved are not the children who live with you - the child in Florida is also "your own."

If you've never heard about his child before and/or it's not possible that it's yours (and for the other reasons I mentioned) I would get an Attorney to look into the entire situation. The various States have different laws/rules/regulations - but, yes, you are expected to pay Court-ordered child support.

If you read through the other threads - use the search feature - perhaps someone has something else to say, some other advice in the past.

Thanks for your help.

Not sure about SC, but where I'm at they can take up to 55% of your salary a month until your back child support is paid. I know here they do take into account if you have other children, but that may only be if you have another order to pay child support. Here they garnish your wages even if you do pay. I would advise you to contact the family court in FL to find out how they work because if they are going to garnish your wages either way you don't want to pay out of pocket. Don't take that as I'm saying that you shouldn't pay more than you have to because I'm not, I'm just saying that it sounds like you may be tight on money so you don't want to take from the family you already have. Eventually you will have it all paid back. They can also keep your tax refund too. You do need to get a paternity test done before paying anything on child support.

Thanks for your help.



Hope it works out - your wife must be shellshocked.

I agree with the one who said for you to contact an attorney, but I wouldn't suggest putting out that kind of money until the paternity test comes back that you are the father. A lot of family attorneys have free consultations, try that out.

I agree with the one who said for you to contact an attorney, but I wouldn't suggest putting out that kind of money until the paternity test comes back that you are the father. Alot of family attorneys have free consultations, try that out.


He may need an Attorney now - he's already been served with papers which apparently make no mention of DNA testing.

I also received an request for admissions for paternity or whatever it's called...

I also received an request for admissions for paternity or whatever it's called.....


It is probably asking you to admit to paternity, waive testing - that's based on every other such request I've ever seen.

That's the best I can do without seeing the exact language.

This is usually the case when the father was "around" at the time of the birth, acknowledged paternity, no question he's the father - or he doesn't think there's a question.

That's exactly what it is... naming me as the only possible parent.

That's exactly what it is...naming me as the only possible parent.


Do you believe it? Do you believe it enough not to put the time and money into testing?

I will definitely ask for the DNA test but it is possible.

On another note... I found this. Am I reading this correct to believe that they can't retroactive to the date of birth of the child? (Even though it was listed in the papers as a request?)

Here's what I found:


(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

(a) The court shall apply the guidelines in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period.

(b) All actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

(c) The court should consider an installment payment plan for the payment of retroactive child support.

I assume you are quoting Florida law -

I translate it to mean that any finding of retroactive child support is at the discretion of the Court, based on its findings - not a 100% sure thing. A lot is left up to the particular Judge.

Again - time to consult with an Attorney because the mother's legal counsel (or the support unit) has thrown in everything possible from waiving DNA to paying retroactive support.

Your Attorney has to knock out claims for retroactive support and not worry about payment plans - but I'm sure you know that.

I was "spammed" by an attorney in FL that saw that a recent action was filed against me. I plan on calling her tomorrow.

I realize it's left up to the judge, but from what I'm reading it does sound like 24 months max, yes?

Thanks.

You really need to talk to a lawyer before you do anything as far as a response to the courts goes. And before doing ANYTHING with a lawyer that spammed you I myself would call down to the local bar assc and find out some facts on this person first. I don't suppose you put your email on any legal papers did you ? Insist on DNA. Were you aware that she was pregnant at the time ? I think a lot of that is going to determine what's going to happen in court. And sorry to say courts don't care if you and your existing family live in a cardboard box on the street. Matter of fact they would prefer that so the " system " can have its way with you. Good Luck.

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

While your information is accurate and helpful, this thread is from 2008.

I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years.
Firstly: you do not need to triple your post
Secondly: It is true in all cases where the moter supports her child solely and no state or another person are involved in that support.

For all you know, there could have been another man raising your child…

The Financial Declaration from the mother is dated May 2007 (last year) and it states that she was on maternity leave and was drawing unemployment for $200 per week, and in addition, she was receiving food stamps for $135 per month. .
Yup…That's the problem. It is not important who pays-the state or another man,they both have ways to recover the money spent to support the child.I know no state where the parents are not primary responsible to their children for support.It is not unusual in most states a back child support for 5,10 or 18 years to be ordered.

The judge can/ and should/order retroactive child support at least for two years in Fl.
The retroactive amount is also variable from 2 years in Florida, to 18 years in Michigan and California.
In Illinois a party can file a petition seeking child support and request that the court consider awarding retroactive support back to the child's birth. too.