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hurtfather · Nov 16, 2008, 05:47 AM

I have twin girls who are four and a half, which I found out I was the father two years ago. After I found out from the paternity test that I was the father, their mother took the children out of the country for god knows how long before I could get anything done in the courts. She is now back in the states and is coming after me for child support, which I have no problem paying, but she is also trying to get 4 years worth of back support worth $45,000!! Is this even legal! What rights do I have? I HAVE NEVER MET MY CHILDREN!!
Please help w/ some advice. I have a lawyer and have a hearing in court in a few days. Thanks for any help!!

KBC · Nov 16, 2008, 06:08 AM

Have you looked at the sites listed with your question?

::::--National Family Solutions--::::

My Child Custody

Find a Lawyer | Find an Attorney – Present Your Case @ LegalMatch

They would probably give you accurate information.

stinawords · Nov 16, 2008, 08:53 AM

Glad you have a lawyer that will be an asset. How much back support that can be given is dependent upon what state you are in. Some states will only go back to the date the petition was filed, some go back to when you were served, some will go back two years, some a little more than that (so possibly to birth). You will have to petition the judge for visitation if you want to see them.

hurtfather · Nov 16, 2008, 09:12 AM

For the record, the children are in North Carolina and I am in Massachusetts

cadillac59 · Nov 16, 2008, 01:33 PM

One of the first things I would do is check that the court in which the mom is seeking support has jurisdiction. You might want to go over that with your lawyer since you mentioned that the mom left the country for a while and then returned and also mentioned you live in different states. In which state was paternity established (was it formally established or did you simply have genetic testing)?

Make sure jurisdiction is proper first. If so, then check your local law on her being granted CS retroactively. In California you cannot recover support for any period prior to the date on which a complaint or petition was filed in which support was sought.

JudyKayTee · Nov 16, 2008, 03:51 PM

Originally Posted by hurtfather

I have twin girls who are four and a half, which I found out I was the father two years ago. After I found out from the paternity test that I was the father, their mother took the children out of the country for god knows how long before I could get anything done in the courts. She is now back in the states and is coming after me for child support, which I have no problem paying, but she is also trying to get 4 years worth of back support worth $45,000!!! Is this even legal!? What rights do I have? I HAVE NEVER MET MY CHILDREN!!!!
Please help w/ some advice. I have a lawyer and have a hearing in court in a few days. Thanks for any help!!!

Once again I am puzzled why you would ask for an answer on a public board when you are paying an Attorney who is (presumably) familiar with your State law and your specific circumstances for legal advice and representation.

I'm a little confused about the past history - in NY if you have Court-ordered paternity and then the parent flees jurisdiction with the child/children that Court proceeding remains open until the issues are resolved. Therefore, she would have filed for support which would have included proof of paternity some time ago and you would not pay past support because she didn't pursue the (open) matter. It was HER choice to flee the jurisdiction and leave the matter unresolved.

But, again, you are paying an Attorney who knows the specific circumstances and law.