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    lilo78's Avatar
    lilo78 Posts: 1, Reputation: 1
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    #1

    Jun 15, 2009, 01:43 PM
    How do I get child support RETRO?
    My daughter is 11. When I was pregnant with her the father and family threatened our lives. I didn't go for child support because I was terrified of him. How to I get retro/back child support for the past 11 yrs in the state of California? I left the birth certificate blank were the father is suppose to sign ? How do I get an attorney who will take my case based on contingency only. Thank you for your time!
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #2

    Jun 15, 2009, 01:51 PM

    Contingency cases do not exist in Family Law. You will have to pay and hire an attorney.

    You will have the father paternity tested since he was not added at the birth.

    Someone will post about the back child support, but to my knowledge you collect back to the date the you file for support. I don't understand waiting eleven years to handle this situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 15, 2009, 01:56 PM

    Unless you can prove that you were threatened and feared for your life, then I very much doubt you can get retro support. CA law will only go back to when you file for support. So, even if you can prove it, you still may not get retroactive support.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #4

    Jun 15, 2009, 03:19 PM
    Quote Originally Posted by lilo78 View Post
    My daughter is 11. When i was pregnant with her the father and family threatened our lives. I didn't go for child support because i was terrified of him. How to i get retro/back child support for the past 11 yrs in the state of California? I left the birth certificate blank were the father is suppose to sign ? how do i get an attorney who will take my case based on contingency only. Thank you for your time!
    How to i get retro/back child support for the past 11 yrs in the state of California? You don't. It's not possible.

    Child support can be ordered retroactively to the date a petition, complaint or other initial pleading is filed in which support was an issue. It cannot be ordered earlier. (Cal. Fam. Code Section 4009.) So, if you file your case today and you don't get into court for 30 days, the judge can (but doesn't have to) order support effective today forward (or 30 days prior to your hearing date). The 11 years of support that could have been owed is gone forever. You sleep on your rights, you lose them.

    You cannot have contingency fee agreements in family law. Sorry. That's out too.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #5

    Jun 15, 2009, 08:03 PM

    As already said you aren't going to get back support because you didn't file. Nor will you get a lawyer on contingency you will get laughed at if you try. However, you can shop around for lawyers like anything else to find one that MIGHT take payments or is more in your budget.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #6

    Jun 15, 2009, 09:31 PM

    Open up a case with the Department of Child Support Services and they will get you a child support order and collect it for free. You don't need a lawyer for this.
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