[SHAD46]

If you do not find out about you child until she is 14 years old do you have to pay back support

[N0help4u]

If they do not file support on you you don't have to pay anything.
Are they just now getting around to filing for support?

[s_cianci]

Probably a certain amount. A lot would depend on the specific circumstances.

[SHAD46]

Yes they are just now filing for support, we found out about her when she was 14 she is now 16 we had an online dna done which isn't legal but recently were ordered by child support to do a legal dna test, we have been paying child supoort since we found out, but the mom has always maintained the dad was someone else until the child was 14, there is no name on the birth certificate,

[N0help4u]

Like s_cianci said there may be circumstances where you are not responsible to pay a full amount of back support.

You need to bring it up in court that they have maintained all this time that you were not the father and have not bothered coming after you for a dime all this time.

Bring up facts in your favor and their negligence on seeking support before this.

It sounds to me like either they have recently fell on hard times and/or they have not come after you because they figured in turn you would go after them for visitation rights.

[nikosmom]

Support is usually ordered from the date of filing not necessarily the date of the birth.

If you are being ordered to pay support, the court would order a dna test which will be the only one that is legally binding.

Being listed on the birth certificate has nothing to do with paternity. I know in most states (if not all) a mother can not just arbitrarily list a father on the birth certificate if he is not there in person to sign.

[SHAD46]

Think they see all they things we have, and they don't have, it's a tricky situation, i am the step mom, my husband had a one night stand with his step sister (she was not his step sister at the time and they did not grow up together, i have always thought this child was his because we see each other at family functions i tried to tell him she was his but he believed the mom, i thave offered the mom help if this was his child since the child was about 3-5 but she became very upset and say my husband was not the father so and so was, a few years later the child needed heart surgery and i again ask the moms sister to try and talk to the mom in case the child needed a blood transfusion, the mom became irrate with her sister and again denied it, my husband was indenial also he believed the mom, we did not have much in assest or maney at that time but i felt the mon was a single parent and deserved help if the child was his, but because of the situation we did not pursue it because it upset her so much, well when the child was 14, at a family function the mom kept talking to me and i felt she was ready to admit it she did we did the dna testing, my husband believed that was because we were more finiacially stable and she wanted money i thought she just was finally coming out of denial, either way we felt if the child was his she deserved support, after the test confirmed it was his child he was shocked/hurt but begain to pay child supprt with out a court order, even when the mom became laid off at one point i gave her 1000.00 because i know how fast you can get behind living paycheck to paycheck, i treat the girl like my own children at christmas and all holidays i treat them equally, we pay for school/summer clothes in addition to child support, well recently the mom has a new boyfriend and now she wants to legally get child support and denies wanting back support but at the mediation she said she wanted 16 yrs of back support and became extremely mad when we were ordered to pay less than what we have been paying, my husband offered to cont. the amt. we were paying and buy the child a car but she would not agree she wants back support even though the mediator an attorney told her that was not likely to happen, im afraid we might have to pay back support, they said everything we have given so far is a gift.

[JudyKayTee]

Probably a certain amount. A lot would depend on the specific circumstances.

I am not aware of ANY State which requires a person to pay child support before the custodial parents asks for it.

If the parent files, for example, on January 1st, that's the retroactive date.

I am not aware of any "specific circumstances" which change this time frame.

Again - please post your source.

[JudyKayTee]

Please don't type in caps - it's hard to read and the same as shouting.

Anything you DID give the child IS considered a gift unless it's by Court Order.

[N0help4u]

It sounds like it is in your favor because if the law was that she get back support she most likely would have gotten it by now. The Judge already denied her and even cut back the amt.

Just because she wants something doesn't mean she will get it. She should have thought about these things years ago when she turned it down. His name not being on the birth certificate and her rejecting help before now will work in your favor.

[jenniepepsi]

I am not aware of ANY State which requires a person to pay child support before the custodial parents asks for it.

If the parent files, for example, on January 1st, that's the retroactive date.

I am not aware of any "specific circumstances" which change this time frame.

Again - please post your source.

Judy is right, about the only exception to this is when I filed for support when my duaghter was about 6 months old, and he owed back support to her birth. HOWEVER, this is only because I was receiving state cash assistance, and the state is requiring him to pay that assistance back. So really, he owes the state, not ME... does that make sense?

[s_cianci]

I am not aware of ANY State which requires a person to pay child support before the custodial parents asks for it.

Welcome to New Jersey, Judy. When my out-of-wedlock son was born he was about 9 months old when the child support motion filed by the mother finally made it before a judge. And her lawyer got the judge to compel me to pay arrerages right back to the date of birth - 9 months worth plus current. I had to go into debt and eventually file for bankruptcy in order to satisfy this judgment.

[ScottGem]

Welcome to New Jersey, Judy. When my out-of-wedlock son was born he was about 9 months old when the child support motion filed by the mother finally made it before a judge. And her lawyer got the judge to compel me to pay arrerages right back to the date of birth - 9 months worth plus current. I had to go into debt and eventually file for bankruptcy in order to satisfy this judgment.

But when was the motion initially filed? Doesn't matter when the judge rules on it it matters when it was first filed. If she filed it immediately after birth, then yes, the judge was correct in awarding arrears. As soon as the motion was filed you should have started paying, or, at least, laying aside the money.

[JudyKayTee]

Welcome to New Jersey, Judy. When my out-of-wedlock son was born he was about 9 months old when the child support motion filed by the mother finally made it before a judge. And her lawyer got the judge to compel me to pay arrerages right back to the date of birth - 9 months worth plus current. I had to go into debt and eventually file for bankruptcy in order to satisfy this judgment.

That is not how the law reads - I will go back and recheck. To the best of my knowledge (and research) it goes back to when the custodial parent FILED, not when the case was heard/decided. If it was otherwise in your case you appear to have grounds for appeal.

Bankruptcy Court discharged the Judgment for child support?

And you felt no obligation to support the child (out of wedlock or not) for nine months and didn't do so until Court ordered?

[nikosmom]

But when was the motion initially filed? Doesn't matter when the judge rules on it it matters when it was first filed. If she filed it immediately after birth, then yes, the judge was correct in awarding arrears. As soon as the motion was filed you should have started paying, or, at least, laying aside the money.

This is the same way I was reading the comment; it all depends on when the mother filed. It can takes months before actually getting in front of a judge. Then the support would be retroactive from the time initially filed. From the time of filing the father is notified and I agree, he has a chance to at least start saving in order to prepare for the judgement.