I was sent a citation from an ex g/f about child support after 10yrs of not knowing about the child, not even sure if the child is mine, what do I need to do
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I was sent a citation from an ex g/f about child support after 10yrs of not knowing about the child, not even sure if the child is mine, what do I need to do
A citation? You mean a summons? You need to go to court and establish or disprove paternity.
Normally you would hire an attorney, respond, asking for a DNA test to prove it is your child. And if it is your child, you set up and start paying the child support. You can also ask for visitation of the child
Can a person get retroactive child support after 10yrs of not telling the other person he's the father ,and claims they tried contacting you
Yes, I've seen it happen
Was the child known to both parties at the time of birth ? What state is this in ?
Northern California. I believe that the father was in the Bay area and had no idea until the child was 16 and the Mother decided that she needed some money.
It actually appalled me, but I really didn't like the Mother and it was 16 years later.
Of course she could have been lying to me, it was over 5 years ago, but I believe it was true according to the daughter.
I've never claimed to be an expert, I'm just trying to give my life experiences and hoping that it helps in some way
What I would do is ask for a DNA test from them that why there is proof.
This may vary by state but in most states, child support is granted from the date filed not from the date of the birth.
No I did not know she had a child until the other day when served me, and the state is TexasQuote:
Originally Posted by califdadof3
She claims she has been trying to get a hold of me... not true
Can a person get retroactive child support after 10yrs of not telling the other person he's the father ,and claims they tried contacting you
No I did not know she had a child until the other day when served me, and the state is Texas
She claims she has been trying to get a hold of me... not true
Best advice first require a DNA test though the court to be sure the child is yours, Second, hire the very best attorney locally you can, I have seen rulings all over the range on this from different judges.
On the other hand be sure to also be asking for visits, counseling for the child to get adjusted to you and more.
It looks like its real iffy as to paying retroactive or not. There are circumstances that they could go back to the birth of the child but the general consensus is that it won't go back more then 4 years.
Texas Family Code - Section 154.131. Retroactive Child Support - Texas Attorney Resources - Texas Laws
In California there is no such thing as "retroactive child support" pre-dating the date an action is filed with the court in which child support is requested. Example: mom files an action asking for child support when the child is 16 years old. She filed nothing before. One month after the case was filed the parties appear in court at the hearing. The court can order support only effective as of the date the court action was filed, one month ago. That's it. You CANNOT go back 16 years.
Quote:
Originally Posted by christyM2009
This is the job of the Court, not the job of the Petitioner - DNA NOT ordered by the Court is (by and large) not accepted by the Court.
Otherwise, I don't understand your sentence -
A question for... cadillac59; is it the same for Texas
Under California law, the custodial parent can collect child support for a maximum of three years before the date of the child support application. In that situation, the judge will consider why there was a delay in filing for child support as well as the non-custodial parent's ability to pay.
Do have to take a paternity test,or can you refuse to
If you refuse to take a paternity test the Court will decide your case "by default". It is not a good idea to refuse it.Quote:
Originally Posted by tin190
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