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How far back am i allowed to sue my son's father for back child support?


My son is eight and i was forced to go get help from the state because his father refuses to help me support him not unless our child is living with him. He has never been under court order to pay child support. Now i am getting help from the state to start collection. Does anyone know if they will make him pay back child support or will it start payment from the age our son is now?

Depends on where you live and the laws in your state.

Since you got money from the state when he did not pay you, you will not be able to sue for back child support. The state can do that, but you have already gotten the money, in the state's eyes.

You may want to see an attorney to petition the court on your son's behalf. He may have to pay some back support, depending on how much he was supposed to pay and how much you were receiving from the state.

I can't believe the state did not make you take him to court before they gave you benefits.

Be aware before you run up a big legal bill, that the court can only do so much as far as collection goes. If he is unemployed or disabled, you may get a court order, but no money.

Good luck on curing a deadbeat parent!

You need to see an attorney about this to get a CORRECT answer. Please do not rely on Yahoo Answers for this type of matter. Obviously, since you're seeking state help, I am going to assume you can't afford one - but that doesn't mean that their paralegals aren't willing to help. I would look online and find a reputable Family Law attorney in your area, whos employees who answer the phone should be happy to answer questions such as yours. Most likely, unless you're willing to shell out cash, the state-appointed attorney will not be willing to go the extra mile, they will do what they're being paid to do, and that's to get him to START making payments. You'll probably need to hire your own attorney for them to seek back payment, but this area of law is not of my expertise.

Depends on what state you live in. Every state handles the ordering of back support differently. Some NEVER go backwards, some only go back 1-5 years, some only go back to when the court papers were filed, some go all the way back to birth, & still other's leave it entirely up to the judge. So your depending on what state you live in will determine your answer.

Here is a very good link, find your state. This is a link for a brief overview of each states child support laws, so there is a lot of helpful info. in there. But for now you want the "support order establishment" section & the questions "Will your state establish orders for prior periods?" & the question right under that "If so for what prior periods" The answer there will give you your answer.

http://ocse.acf.hhs.gov/ext/irg/sps/sele...

They can not make him pay back child support if there was never an order for him to pay any. You should have filed against him 8 years ago.

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