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    plzhelpme123's Avatar
    plzhelpme123 Posts: 27, Reputation: 1
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    #1

    Nov 11, 2008, 01:06 PM
    Back child suport and don't know if little girl is his
    My common law partner just got served papers to go to court for child suport from a girl he slept with almost 4 years ago. The little girl is almost 3 and he is not sure the baby is his. There is a chance that it is his.she is asking for back pay for 3 years. Will she be able to get it? And if so how will that work. We just had a baby 2 months ago how is that going to effect us if it is his. We r from saskatchewan canada.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 11, 2008, 01:09 PM

    First, he needs to request a paternity test before anything happens. If the child is his, then he will have to pay support. He may even have to pay back support. If its not his, then he walks away.

    How it affects your relationship with him depends on how you let it affect you.
    plzhelpme123's Avatar
    plzhelpme123 Posts: 27, Reputation: 1
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    #3

    Nov 11, 2008, 01:14 PM

    I understand that he would have to pay child suport but for her to do this 3 years later and want back pay now. We have a kid and if he has to pay back pay then I think that would be taking away from our kid.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 11, 2008, 01:17 PM

    Yes it is very likely that he will have to pay the back child support. The judge or the two people may work out a settlement for that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 11, 2008, 01:17 PM

    It depends on the circumstances as to whether a court orders back support or not.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #6

    Nov 11, 2008, 03:46 PM

    I don't know if anyone here is qualified to comment on Canadian family law, but I can give you an idea of how it works in California (for what that's worth) and it may lead you in the right direction.

    We have a rule that says you can never get "back child support" extending back any earlier than the date the petition or complaint to establish paternity was filed with the court. So, if the mom did nothing the first 3 years of the child's life and only filed the case to establish paternity a month ago, she can only get child support reaching back one month, not 3 years. Of course, this assumes that the dad is ultimately determined to be the legal father (this usually coincides with who is found to be the biological father, but the rule is far more complicated than that and "bio-dad" is sometimes not found to be the legal father).
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Nov 11, 2008, 06:06 PM

    We may not be experts but we can point in a direction : )


    Child Support Laws

    Canadian Child Suppot Laws
    plzhelpme123's Avatar
    plzhelpme123 Posts: 27, Reputation: 1
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    #8

    Nov 11, 2008, 06:13 PM

    Thanks that's y I have asked on here cause I have no idea what's going to happen. I'm just afraid that there won't be money for my son. I'm on maternity right now and hardly have any money coming in. my son is not even 2 months.
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