[solidzane]

Okay, here is what happened... 19 years ago, my dad had a one night stand, and the girl moved away... She became pregnant, had the child, a girl, and did not tell my father. My father isn't even listed on the birth certificate, and he flat out did not know about his daughter for 18 years...

On her 18th birthday, she told her mom that she wanted to meet her father. So they tracked my dad down, and gave him the news...
That was last year, now, the mother is threatening my father that she will go to court to collect the 18 years of child support...

Can she do that? This is in California...

[ScottGem]

Not in CA. You can't collect back support if they never filed for support

[solidzane]

Thank you very much for that plain and simple answer to my somewhat complex question.

[solidzane]

Okay... my dad is skeptical... due to your not being a lawyer of any sort... anyone else??

[cdad]

I agree with Scott.

And if you don't believe us then look it up.

Ref:

California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

[ScottGem]

okay... my dad is skeptical... due to your not being a lawyer of any sort... anyone else???

Tell your dad, that not being a lawyer doesn't mean you don't know the law. If you look I answer a lot of questions in this forum because I know a good deal about the law. The question you asked has been asked and answered many times in this forum. While some states do allow for back support in certain circumstances, most states will not back date support prior to when support was filed for. If the mother never filed for support, in CA she can't get it retroactive.

[Fr_Chuck]

If the mother had went to court 18 years ago to get and got a court order, it could be inforced, but not now.

[cdad]

okay... my dad is skeptical... due to your not being a lawyer of any sort... anyone else???

Its not about being able to go to court and pass a bar in every state. Its about solid research. And that extends beyond where most of us live. Scott as well as many on this site have become "experts" in the forums they answer questions. And can provide good solid answers including research to back it up. We can't predict the outcome of a court with absolute but we can tell you what the laws says and how it goes in most common ways. A lot of hard working people keep this site going. And yes lawyers do visit here also.

[solidzane]

Okay... thanks so much guys... after going through some of your other posts, my dad is more comfortable about your answer... Sorry if we offended you Scott...

[GV70]

Retroactive child support is not always ordered by the Court, even when the custodial parent requests it.
In determining how much the non-custodial parent would be required to pay for retroactive child support, the Court will consider the non-custodial parent's income at the time in question. In the case of a man who was not aware that he has fathered a child, the Court will consider that fact when deciding whether to award back child support. The man's current financial situation will be considered and the Court may not order or limit the amount of retroactive child support payments if it would cause financial hardship. The judge will also consider whether the mother had attempted to contact the father previously.
Each state sets a limit for how far back a judge can order retroactive child support payments. For example, in Texas the limit is four years. This means that no matter how old the child is, the non-custodial parent will only be responsible for back child support for up to four years.

Under California law, the custodial parent can collect child support for a maximum of three years before the date of the child support application. In that situation, the judge will consider why there was a delay in filing for child support as well as the non-custodial parent's ability to pay..