Depending on your state, she can file for up to 18 years retroactive child support. In Michigan, the mother, or a child of the Age of Majority, can file prior to the child reaching age 23. They allow the full 18 year retroactive. In Florida, it must be file prior to the child turning 19, but they have a two year limit on retroactive. Missouri has a five year limit of retroactive. But, even in states with limits, Welfare can override and demand a refund for all benefits provided. In California, they have a full 18 year allowance, plus 20% of the income of a current spouse or S/O can be included in the calculations.
It should also be noted that a man's current two year average of gross income will be used, and not was was earned each of those previous years in establishing retroactive child support.
Take note, that circumstances that brought about the conception is not a consideration in establishing child support. These include:
* The woman impregnating herself with the semen resulting from oral copulation. A Florida Doctor learned this the hard way. * The woman impregnating herself with the semen taken from a used condom. * A woman getting pregnant as a result of sexual activities with an underage boy, than waiting until after the Criminal Statute of Limitation to pass to file a retroactive child support order. * A woman intoxicating or giving a male GHB (Date Rape Drug), along with a large dose of Viagra, in order to have BABY MAKING SEX with him during her peak "fertile window" for the month.
For this reason alone, along with the high rates of paternity fraud, it's very important for men to seriously consider being sexually active, outside marriage, is really worth the potential costs.
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P.S. OR DOES CHILD SUPPORT START FROM THE DAY PATERNITY IS PROVEN????
No. She has the legal right to sue for support if it has been proven he is the father of the child. The court can also order the male in question to take a paternity test if it is warranted.
Sue for child support? That would be up to the mother to do. And if she did sue, she would be the one to get the money if she won, not the young adult child since the mother was the one who raised and supported the child.
You don't have to be the real father to be on a child's birth certificate. You would just have to sign a paternity affadavit, in which you are assuming all legal responsibilities to that child. You would talk to the mother about adopting the child and go through that process--if you are married.
Yes! If the mother has a child support case agaist you , the court will issue an order for DNA test. Once it's proven that you are the father, you pay.
First, don't pay anything until paternity is established. If the child is still a minor, you will most likely have to pay current (ongoing) support. However, based on the facts you describe, you have a good argument that you should not have to pay retroactive support.
Child support can freeze assets but does not usually do this before paternity is proven. If your assets have been frozen, engage a lawyer who will make sure your funds are released until paternity is proven.
Yes. Paternity must be proven by a DNA test before a support order can be entered UNLESS the father agrees that he is the daddy. Then no test is required.
Paternity can be proven with a court ordered DNA test. The father must establish his paternity legally and once established he can petition for joint custody and/or a visitation schedule. The court will also issue a child support order based on state guidelines.Paternity can be proven with a court ordered DNA test. The father must establish his paternity legally and once established he can petition for joint custody and/or a visitation schedule. The court will also issue a child support order based on state guidelines.Paternity can be proven with a court ordered DNA test. The father must establish his paternity legally and once established he can petition for joint custody and/or a visitation schedule. The court will also issue a child support order based on state guidelines.Paternity can be proven with a court ordered DNA test. The father must establish his paternity legally and once established he can petition for joint custody and/or a visitation schedule. The court will also issue a child support order based on state guidelines.
No. Paternity can be proven by a DNA test.
Only if you have accepted paternity of the child in another way, or if paternity is proven via DNA test. In some states you don'y need to be the real father of the child, you just need to have accepted a father role in order to be charged child support.
No and you pay the support to the parent not the kid. If the child is 18 there is no longer a need for child support. If someone has been paying for you and believed they were the father they can sue you for the money though.
In my experience, with the exception of the child being over age 18, there is no statute of limitations on establishing paternity. There could be an exception if the child is a part of a family whereby the mother never told her husband that he was not the father of the child. Understand that establishing paternity only acknowledges financial responsibility. It grants no parental rights, even after paying court ordered child support. You need to file a separate motion as regards it. see related links
P.S. OR DOES CHILD SUPPORT START FROM THE DAY PATERNITY IS PROVEN????
No. She has the legal right to sue for support if it has been proven he is the father of the child. The court can also order the male in question to take a paternity test if it is warranted.
Sue for child support? That would be up to the mother to do. And if she did sue, she would be the one to get the money if she won, not the young adult child since the mother was the one who raised and supported the child.
No, but this question raises many others, beginning with whether and how paternity was established. For example, the husband is presumed to be the father of any children conceived/born during the marriage, unless/until proven otherwise.