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Generally you cannot unless there are extenuating circumstances. Some examples of such are if the father was not able to be found and/or a paternity test had not been taken to prove who fathered the minor child.

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13y ago
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11y ago

Was the back support generated because the other parent was not paying court ordered child support? If this is the case, you need to address the court ASAP.

In some cases the courts award retroactive child support, which in fact is back child support.

However, you can't sue for back child support in a civil action.

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Q: Can you sue for back child support if you never filed?
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Can a parent refuse child support then go to court and ask for back child support?

No. Most judges will only collect the child support due at the time that you filed for Child Support so if you filed a case with child support on June 2008 and then got it finalized July of 2009 you would only get from the date that child support was filed, no more and no less. That is the only back child support you will be getting. You can always go back to court and get the child support started and all, but you cannot ask for back child support if you refused it and you did not fill out a Child Support filed case, with your state either. Again get an attorney and/or call your child Support Enforcement Agency and make sure of the laws in your state, but this is in most states. Utah, California and Maine are all this way.


Can a 35 year old adult child collect back child support from his biological father in new york state after the mother who never filed for child support is dead?

No. The statute of limitations for child support arrears in New York is twenty years from the date of the default. However, in your case it seems that your mother never obtained a court order for child support. You have no cause of action.


What if the mother does not want back child support?

An agreement would need to be filed with the courts.


Custodial parent filed for support after moving out of the state of Nevada Is she entitled for child support and in order to receive this support will she have to move back to Nevada?

She is entitled to child support regardless of where either of you live. It is your child and you must help support him/ her, and no, she does not have to move back to Nevada.


Can a new order for back support be filed if there is a current order?

Typically, back (retroactive) child support is included (or not) in the original order for ongoing (current) support.


Does the IRS automatically deduct back child-support from the obligors tax refund?

The IRS becomes involved once a case has been filed with the state child support enforcement agency.The IRS becomes involved once a case has been filed with the state child support enforcement agency.The IRS becomes involved once a case has been filed with the state child support enforcement agency.The IRS becomes involved once a case has been filed with the state child support enforcement agency.


If the father filed for visitation after the child was two years old in the state of Indiana does he still have to pay back child support from the time they where born?

If the mother filed for it, and if the judge approves a retroactive order.


In the state of Georgia do you pay back child support when unable to work for a year due to a disability.?

a portion of the social security disability income, if filed, can be considered as child support


Can state withhold federal tax refund for back child support?

Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.


What can you do to get your back child support droped do to being incarcerated in Indiana?

You need to get a modification filed. see link below


Can a parent go back and collect child support for a previous year if the current signed Parenting Agreement filed in Arizona each parent waived child support in lieu of equal time with child?

You can not get child support for the previous year if there is a filed court document stating that you agreed not to get any. The best you can do is file for a change so that child support might be able to start, but it would not be retroactive.


Do you have to pay back child support if mother never ordered?

yes