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Kikikiki
May 8, 2013, 08:39 PM
My husband just found out that he has a daughter after almost 6 years. However he does not have a social security number and the Ex has asked him to pay child support. There was a DNA test taken but for personal knowledge l, not the one that you can take to court (legal matter DNA testing). However if he proceeds to put mo eh in her bank account can she later on file for child support and back track child support? He never knew she was pregnant and she never mentioned it.

ScottGem
May 9, 2013, 03:17 AM
Some of your post is not understandable.

If the ex wants child support, let her go to court for a support award. The court will require paternity testing to confirm he's the father. If he is, she will be awarded support. If she does not file now, but files later, I doubt if she can get support retroactive to any earlier than when she files.

joypulv
May 9, 2013, 04:52 AM
I think you mean that the DNA test was the kind that is not acceptable in court?

Why doesn't he have a SSN? Is he a US citizen? Do you or does someone else support him? Not being nosy.

AK lawyer
May 9, 2013, 05:14 AM
And what does the fact that he has no Social Security number have to do with the price of petunias in Paraguay?

If he pays her without a child support order, it could later be adjudged to be a gift, and he would get no credit toward child support.

Kikikiki
May 9, 2013, 10:58 AM
And what does the fact that he has no Social Security number have to do with the price of petunias in Paraguay?

If he pays her without a child support order, it could later be adjudged to be a gift, and he would get no credit toward child support.

This is in California. So is it better if he just waits for the court order to take another DNA test? So what your saying is that if he were to deposit money in her bank account later on it cannot be credited to the child support but would rather be considered a gift?

ScottGem
May 9, 2013, 01:13 PM
Yes, we're saying it would be better to wait until the court orders support. He can put money aside in a bank account, but not turn it over to her until the support award is issued. Any money he gives her prior to the court order can (not saying it will, but usually it is) be considered a gift and not credited towards the support he's required to pay.

Kikikiki
May 9, 2013, 01:41 PM
Yes, we're saying it would be better to wait until the court orders support. he can put money aside in a bank account, but not turn it over to her until the support award is issued. Any money he gives her prior to the court order can (not saying it will, but usually it is) be considered a gift and not credited towards the support
he's required to pay.

Thank you for your help I never thought about the money being considered as a gift. But now let's say she does file for child support. He doesn't have a SSN how can the money be deducted?

joypulv
May 9, 2013, 02:26 PM
He just pays her and keeps a record of the payments.
I wonder how he has a bank account without a SSN... I know of no bank that will open one.
Sincerely,
Petunia in Paraguay

ScottGem
May 9, 2013, 03:12 PM
Deducted from what? He can pay through the CA child support agency so there is a record of the payments. What does his not having an SSN have to do with anything.

Kikikiki
May 9, 2013, 03:14 PM
Deducted from what? He can pay through the CA child support agency so there is a record of the payments. What does his not having an SSN have to do with anything.
Other sites would say that if he doesn't have a SSN thre was no way to track him down. But the ex doesn't even know his address. So he will get a monthly bill?

ScottGem
May 9, 2013, 03:19 PM
So he's going to avoid paying support? While lack of an SSN may make it harder to track him, there are other ways.

Kikikiki
May 9, 2013, 03:23 PM
So he's going to avoid paying support? While lack of an SSN may make it harder to track him, there are other ways.

Not avoid, that's why I asked if he were to deposit money in her bank account will it be credited later on as child support if she changes her mind and decides to involve the state? Or would it be better if she files instead and then of course he is obligated.

ScottGem
May 9, 2013, 03:24 PM
Yes it is better if he makes it official.

Kikikiki
May 9, 2013, 03:25 PM
Yes it is better if he makes it official.

Ok thank you for your help and opinions! 😄