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

    Mar 26, 2012, 08:39 AM
    Child support questions in state of Oklahoma
    Does anyone know how far back the state of Oklahoma can go back for on child support. My situation is that 10yrs ago I had filled out paperwork for requesting child support from me. I filled the paperwork out and sent it back... Now yrs later when the child is about to be 16 I was sent court papers requesting child support again. I had called and talkied with the case worker to find out my options. I did request paternity testing to be done which I had did the first time. I asked about this paperwork and was told the case had been closed 10yrs ago.. Don't know exactly why. The case worker had told me that they are only allowed to go back 5yrs for back child support, and I'm just finding out if that is the case cause the paperwork I have is trying to date it back to 16yrs ago.. I am just trying to find out info so that I may try to head down the correct path..
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Mar 27, 2012, 05:05 PM
    Child support in a paternity case may be set prospectively. In addition, it may be set retroactively for up to five years before the paternity action is filed.
    Generally, courts don't make awards retroactive. However, there are several reasons that may justify retroactive child support, including:

    A non-custodial parent concealed part of their finances or intentionally avoided support
    Delayed final hearing on support
    Where there's a demonstrated need
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 27, 2012, 06:00 PM
    In addition to what GV70 said, since there was a previous filing, the court could decide to go back to the original date of filing. Or it could be the agency or lawyer doing the filing is asking for that, though what the court will grant may be different. If the mother has been on public assistance all this time, then the agency could be trying to recoup what it laid out in public assistance.
    Dora43's Avatar
    Dora43 Posts: 2, Reputation: 1
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    #4

    Jan 16, 2013, 10:55 PM
    My sons biological mother was suppose to pay child supporet after we were granted full custody of him in November 30th 1994 . $98.00 a month .he turned 18 yrs old today and someone told him he could sue her for the back child support she never paid. We told him we didn't know so that's why I'm asking you.
    Dora43's Avatar
    Dora43 Posts: 2, Reputation: 1
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    #5

    Jan 16, 2013, 11:02 PM
    Quote Originally Posted by ScottGem View Post
    In addition to what GV70 said, since there was a previous filing, the court could decide to go back to the original date of filing. Or it could be the agency or lawyer doing the filing is asking for that, though what the court will grant may be different. If the mother has been on public assistance all this time, then the agency could be trying to recoup what it laid out in public assistance.
    Doesn't help she was working at different times and is currently employed.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Jan 17, 2013, 03:48 AM
    he turned 18 yrs old today and someone told him he could sue her for the back child support she never paid. We told him we didn't know so that's why I'm asking you.
    No, he cannot do it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 17, 2013, 03:59 AM
    Quote Originally Posted by Dora43 View Post
    so thats why I'm asking you.
    I'm confused. This thread was started last March by tdgregory. Are you tdgregory? If not, then you should be starting your own thread. Let us know and we will move this. But I don't understand why you can criticize me for not helping when I was answering someone else's question not yours.

    If you were granted custody and the mother was ordered to pay support, then you, as the custodial parent, can try to enforce the support order to make her pay what she owes. Child support is paid to the custodial parent not the child, so your son cannot sue his mother for unpaid support.

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