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    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #21

    Sep 7, 2010, 06:38 PM

    But if there was never an order, GV70, is there really any state that will demand support retroactively when the child is an adult?
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    GV70 Posts: 2,918, Reputation: 283
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    #22

    Sep 7, 2010, 06:52 PM

    Another interesting question is,"Who may be ordered to pay CS"
    §48-16-401.(b)
    (3) Identified as the father of the child through genetic testing;
    (4) An alleged father who has declined to submit to genetic testing;


    TO SYNNEN:
    I remember "Tedford v. Gregory"./Opinion Number 1998-NMCA-067 /
    Synopsis:
    Jeanne's suit sought to establish paternity and to recover retroactive child support against Gregory. Gregory did not admit that he was the natural father of Jeanne, and filed a third-party claim against Harvey Tedford (Tedford), asserting that Tedford was the natural father of Jeanne. Tedford filed a counterclaim against Gregory and a cross-claim against Jeanne asserting that in the event Jeanne established her paternity claim against Gregory, Tedford should be reimbursed for the amount of child support and other monies he expended on Jeanne's behalf.

    Jeanne, who was born on September 27, 1974, brought suit on February 20, 1995, against Gregory seeking to establish paternity and to recover retroactive child support. Gregory admitted having a sexual relationship with Jeanne's mother, Nina Tedford (Nina) during her marriage to Tedford, but denied that he was Jeanne's father. At the time of Jeanne's birth, Tedford was married to Nina. Tedford supported Jeanne, both during her minority and after she became an adult, believing her to be his child. Tedford also supported three other children born during his marriage to Nina. At no time before, during or after Jeanne's birth, did Nina ever inform Tedford that Jeanne was not his natural child.

    CONCLUSION
    The Court affirmed the trial court's determination that Gregory was the natural father of Jeanne.They hold that Jeanne was entitled to an award of retroactive child support against Gregory consistent with the matters discussed herein.
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    GV70 Posts: 2,918, Reputation: 283
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    #23

    Sep 7, 2010, 06:55 PM
    Quote Originally Posted by Synnen View Post
    But if there was never an order, GV70, is there really any state that will demand support retroactively when the child is an adult?
    Yes.
    For example-Ar,Co,Ct,D.C. Ill, Tn,Ma,Ne and some others
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    #24

    Sep 7, 2010, 07:37 PM
    Legally-if the question is
    Quote Originally Posted by rahrone View Post
    I want to know if I will owe back child support since
    ,the answer is no. Back child support refers to ordered but unpaid child support payments.

    If the question is," May I be ordered to pay retroactive child support?" the answer is."It will depend on the judge".Retroactive child support refers to payments that the non-custodial parent may be obligated to make, but has not been ordered to yet.
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    #25

    Sep 7, 2010, 07:47 PM
    Quote Originally Posted by GV70 View Post

    CONCLUSION
    The Court affirmed the trial court's determination that Gregory was the natural father of Jeanne.They hold that Jeanne was entitled to an award of retroactive child support against Gregory consistent with the matters discussed herein.

    Holy cow!
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    #26

    Sep 7, 2010, 08:42 PM
    Quote Originally Posted by asking View Post
    Holy cow!
    :)The truth is: only two states-Louisiana and Virginia prohibit awarding of retroactive child support.


    What about this one:

    IN RE: CRYSTAL MICHELLE MOATS /No. 11335-37 COAT/
    The parties were never married to each other. Father testified that he was not aware of the child... The court should receive such additional relevant evidence as the parties may wish to present on the issue of retroactive child support for the period from the child's birth to the filing of the current petition...
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    #27

    Sep 7, 2010, 10:01 PM

    On the other hand:

    If the California Court finds that the child support order should go back in time, the amount of time it can go back is limited to the shortest one of the following:

    •The date the mother mailed a birth certificate or notice of paternity to the father
    •The date either parent separated from the other parent
    •Three years before the date the parent first applied for child support

    Finally, if you and the other parent separated before the child was born and no notice was given to the father, or paternity has not been legally established, no retroactive child support can be granted even if you were married.
    California Retroactive Child Support Lawyers
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    #28

    Sep 8, 2010, 06:41 AM

    Wow - interesting (and great!) research. What "we" need is for OP to come back with more info.

    I did ask and, yes, if the OP had any reason to believe this is/was his child and refuses DNA testing, he dies (Will or no Will), this "child" is entitled to test to determine paternity and inherit - whether she is in the Will. I am only addressing NY, by the way, but other States may very well have similar laws.

    OP should not try to guess whether this is his child (obviously).

    Of course, he can always write a Will and specifically exclude her - if that is his concern.

    Need OP to come back with details.
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    #29

    Sep 8, 2010, 07:10 AM

    If the California Court finds that the child support order should go back in time, the amount of time it can go back is limited to the shortest one of the following:

    •The date the mother mailed a birth certificate or notice of paternity to the father
    •The date either parent separated from the other parent
    •Three years before the date the parent first applied for child support

    Finally, if you and the other parent separated before the child was born and no notice was given to the father, or paternity has not been legally established, no retroactive child support can be granted even if you were married.



    Ooooooops... where did you find it?

    I know Cal.Fam.Code 4000 will dictate the outcome

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