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Retroactive Child Support-Would a father have to pay back child support if he didn't know the child existed?
Though the practice of retroactive child support awards was opposed by Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement, it is allowed to some extent in all states. But, a Judge can rule against any such motion.
Up until the point of the child turning age 18, the mother can file for 2-18 years (depending on state limits) of retroactive child support, even if the child was raised by another man who believed he was the child's father. It is based solely on the two-year average income of the father, at the time of the filing, and not what he earned each of the previous years.
An example of this would be a male who, unknown to him, had a child at age 18 while working as a new burger flipper at McDonald's Restaurants, but is not ordered to pay until 18 years later when he's a franchise owner. The retroactive order can be as much as $200,000, which when averaged out over the 18 years, means that his monthly child support obligation, for when he first began working, would have been 120% of his gross income.
Of interest, in the news today, a 19-year-old Texas boy was hit with $14,000 in retroactive child support on a child he did not know existed. Keep this in mind men.
These awards account for over half child support arrears owed by fathers and claimed in the media to be examples of Deadbeat Dads.
The child has up to the specific state limitation for filing a retroactive order on a father. These limitations run from age 18-22, with Michigan having the highest allowance.
In a related issue, there are no matching programs for the establishment or enforcement of the parental rights of single fathers. They have no rights until awarded them by a court, and cannot be granted any rights if the child is over age 18 at the time the father learns of the existence of the child. This includes the enforcement and recovery of already established access rights. A recovery claim for missed parental time is 24 hours after the time of the denial of access by the other parent.
see links below
What else can I help you with?
If you take the father off child support can you put him back on child support?
Yes, but not retroactive.
In Ohio can I get past child support from the biological father?
The law allows for retroactive support, but there are a lot of factors to consider.
If a father is lying about income to pay less child support will he have to pay retroactive child support or arrears?
No, but he can be fined and jailed.
Can father be forced to pay for a child he does not know?
Or even knew existed, up to 18 years worth, retroactive. Each state has it's own retroactive limits, and a judge can choose to not award it. See related links
Can you bring a lawsuit against the father of your child for back child support even if your case is closed?
This assumes that you're asking about retroactive support (support due for a period prior to the entry of the first order), not unpaid support that accrued as the result of an order). Retroactive support is typically included in the first order entered in the case.
What if the suppose father has been helping but now the mother wants child support?
Voluntary support does not preclude an order for support. Voluntary support can be taken in to consideration when determining how much, if any, retroactive support is to be paid.
If the child is thirty can she file for retroactive child support in Texas now that she has learned who her father is?
Nope, 11 years too late.
When a child of a married man is wanting to sue him for back child support it has already been confirmed by the state of South Carolina that he is the father what can the child do?
Sue him for retroactive child support.
You recently found out that you are the father of a 19 year old boy can you be forced to pay child support?
Yes, retroactive up to 18 years.
Are there in child support cases in NY where the custodial parent was denied a support order because the mother failed to inform the father that the child existed within a certain manner of time?
Not future child support, but a growing number judges have refused to award retroactive child support. It is also oppose by Judge David Grey Ross, former Commissioner of the Federal Office of Child Support Enforcement. See link
Can a child still can ask support from his father even if that child is 33 yrs old?
No, at the maximum for the states of Ohio and Michigan, the limit is 23 years of age to file for retroactive child support.
The child father lock up for 13 years and the child support people said they can only go back but so far is that true?
That depends on whether an order was in place. If so, there is no statute of limitations on collecting unpaid child support. If the agency is just now preparing to ask for an order, the retroactive support is based on a percentage of his net income during the retroactive period - i.e., in this case, virtually nothing. Also, it's very unusual to order retroactive support for 13 years.
