Will I be responsible, for paying back child support when my ex left the state, never filed for support in the other state, and never told me where she was, it took me many months to find her and when I did I filed a support claim against myself, will the court hold me responsible to repay the back child support for the past two years?

Also, if we were not maried, but lived together, through the majority of our child's life, am I also considered the custodial parent, and did she by takeing the child out of state without my permition, kidnap our child?

Let me understand clearly- you were never married? Just being sure because you placed this under "Divorce". :confused:

You are only responsible for paying support from the date it was filed.

It's commendable that you started the process on your own instead of having to be hunted down.

I think that she can get in trouble for taking the child out of the state without your permission if there is a custody agreement. I am not sure though. When I left CA, I was told, by a judge, to consult a lawyer before I took my daughter out of the state because I could get in trouble if her father tried to contest it. Fortunantly he never did anything and it has been four years so I doubt I will get in trouble.

Your situation is different than mine though. Has it been two years since she has taken the child out of the state? If that is the case then I doubt that she can be charged with kidnapping since it has been two years.

That is great that you went to file a child support claim! There are many men that wouldn't have gone and done that and you are one of the exceptions. So, kudos to you on that.

As for the back child support, as I understand from previous threads, you only have to pay back child support from the day that it was filed.

Good luck with everything.

(ok) need a little more help!
My ex (girl friend) and I lived together, for 3 years. We had a little girl together in 2005, and we lived together for another 2 years or until the child was 19 months, by law wouldn't I be considered a custodial parent, because we live together for the majority of our child's life, and another, by Idaho code, custodial interfierence, law states, that it is kidnaping if a parent takes the child from the lawful custodial parent in the absence of a custody order, or a permanent custody order, were such rights as to visitation, is based on the equal custodial rights of each parent in the absence of a permanent or temporary custody order.

Now by definition what that meens is my ex-cant take our child out of state without a custody order because it would violate my parental rights.?

Are you listed on the birth certificate? Was there any formal declaration of paternity or custody?

If you go to court to establish your custody and visitation rights you MAY be able to force her return because she left without permission.

You really need to consult a Family Law attorney.

I've merged your two threads because together they tell a more complete story.

In your initial post you say that the mother of your child; "left the state, ... and never told me where she was". If you are the legal father, then married or not, that was parental kidnapping.

Support can only be made retroactive to when it was first officially requested. If no filing was ever made, then no back support can be ordered.

In another thread, you mention that you have visitation Tue & Thur and alternate weekends. Is this with the child referred to here?

Quote:

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Originally Posted by ScottGem

Are you listed onthe birth certificate? Was there any formal declaration of paternity or custody?

If you go to court to establish your custody and visitation rights you MAY be able to force her return because she left without permission.

You really need to consult a Family Law attorney.

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Yes, I am on the birth certifacate, and on the voluntary aknowledgment of paternity filed with the vital statistics, and was also at our child's birth, my ex-left the state in 2007 I found out were she was and filed papers and the Fbi informed her to return to Idaho, I am not hateful towards her, but she is bipolar, and canot make the right decisions, she has said I've abused her, our daughter, and so on, when she filed for a protection order, the judge saw right through her lies and denied her request, further he exsplained in detail my parental rights, but then she had me arrested for domestic violence, the police acted without investigateing but later determined I did not abuse her, or our child, but the damage was done, now I'm fighting for custody, the fact that she left the state, will that help me in our custodey case?

The fact that she committed parental kidnapping and has file false police reports as well as her medical history should all work in your favor at a custody hearing. Just make sure you have documentation of all of this. The FBI report, the judge's ruling on the protection order, the police report on the domestic violence, etc. Just present this documention to the judge with minimal comment.

Quote:

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Originally Posted by ScottGem

I've merged your two threads because together they tell a more complete story.

In your initial post you say that the mother of your child; "left the state, ... and never told me where she was". If you are the legal father, then married or not, that was parental kidnapping.

Support can only be made retroactive to when it was first officially requested. If no filing was ever made, then no back support can be ordered.

In another thread, you mention that you have visitation Tue & Thur and alternate weekends. Is this with the child referred to here?

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Yes with the same child, every thing is OK now, our custody case has been resolved, I had to threaten pressing charges on her for kidnaping, our judge said that he would, if she pursued the matter to trial but she reluctently agreed to settle, further she wqas orderd to not leave the state or county were we reside (Period) failure to comply with the judges order on any matter will result in the termination of her parental rights, at the moment she still maintains her primary physical custody but its for the best she is a (Good) parent to our child, but makes stupid decisions regarding some things, nothing that puts our child in any type of danger.

Thanks for reporting back. Glad it worked out for you.

Quote:

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Originally Posted by ScottGem

The fact that she commited parental kidnapping and has file false police reports as well as her medical history should all work in your favor at a custody hearing. Just make sure you have documentation of all of this. The FBI report, the judge's ruling on the protection order, the police report on the domestic violence, etc. Just present this documention to the judge with minimal comment.

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its now July 17th and I have great news, as I asked and you all helped.
I now have joint custody, joint legal and physical, my ex can't leave the state for any reason, after getting the evidence she choise to settle, our judge said she could not leave the state and county for that matter but I got what I wanted

Glad to hear it