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BevJohn · Jul 12, 2009, 09:32 PM

I have a soon to be 13 year old daughter. Her father has only seen her maybe 5 times her whole life. He has never been court ordered to pay child support but we did have a paternity test done when she about 1 year old. But he wouldn't stay in one place or keep a job long enough to get a support order established. If we were to find him and take him to court, will they make him pay back child support? And if so, how far would they go back? Someone told me they would go back from the time when we had the paternity test done and some say they would only go back from when he was first issued a court order to pay child support(which he hasn't as of yet). If that is the case, that means for the last 12 years or maybe even more to come he gets to get away with knowing he has a child and he has no obligation (legally) to help pay for her expenses! (so not right!! ). Thank you for any help you can give!

BevJohn · Jul 12, 2009, 09:38 PM

By the way we live in Mississippi

GV70 · Jul 12, 2009, 09:56 PM

Originally Posted by BevJohn

If we were to find him and take him to court, will they make him pay back child support?

Probably not.

Originally Posted by BevJohn

And if so, how far would they go back? Someone told me they would go back from the time when we had the paternity test done and some say they would only go back from when he was first issued a court order to pay child support(which he hasn't as of yet). If that is the case, that means for the last 12 years or maybe even more to come he gets to get away with knowing he has a child and he has no obligation (legally) to help pay for her expenses!! (so not right!!!). Thank you for any help you can give!

To ask for CS you need to establish legal paternity first.There are two main ways:
1.signing an acknowledgment of paternity
2.If paternity cannot be established voluntarily, the mother can request assistance from the Division of Child Support Enforcement in establishing paternity and obtaining child support through the courts.

BevJohn · Jul 12, 2009, 10:12 PM

We have already had paternity established through the courts

GV70 · Jul 12, 2009, 10:35 PM

Mississippi's Statute of Limitations on Back Child Support Payments (Arrears only)-The statute of limitations for child support arrears in Mississippi is 7 years past age of majority.Age of majority in Mississippi is set at 21 years of age. (MCA Sections 93-5-23 & 93-11-65).

According to Mississippi's Court practice /
COURT OF APPEALS OF THE STATE OF MISSISSIPPI-Forrest v.McCoy, for example/ the Court can order future child support only.
Ask DCSE for assistance a child support to be established.

GV70 · Jul 12, 2009, 10:41 PM

Which county?

stinawords · Jul 12, 2009, 11:00 PM

No, you won't be able to collect thirteen years of back support. Generally, it will go back to when the request was made for support or sometimes when the order is first made. But I don't know of any state that will go back that far. I have heard of it going back two years depending on the reason why there was never an order for support but again that was at the judge's discretion if he/she wanted to use those two years they weren't an automatic.

BevJohn · Jul 12, 2009, 11:06 PM

Harrison county

GV70 · Jul 13, 2009, 12:42 AM

Originally Posted by BevJohn

harrison county

The address of your regional office is : 10260 Larkin Smith Road ,Gulfport, MS 39503
Phone /228/897-5697

brandi2231 · Jun 20, 2012, 11:21 AM

Wouldn't count on it. I am owed 13,000 in arrears and he didn't have to pay anything. In our custody agreement I had it put that as long as he would use the money to come and visit child support wasn't necessary, what a mistake I made. Even though he never came not once he didn't have to pay anything because there was never a order!