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If my name is not on the birth certificate , am i still subject to paying back child support? - Ross - 11-09-2012 05:17 PM
My name is not on my daughters birth certificate. She's 2 and i've decided to get a paternity test and put myself on child support. Will i still be subject to paying back child support for the 2 years prior?
- l8tr g8tr - 11-09-2012 05:25 PM
Maybe. If she collected any state or federal benefits they may request back support. A lot of states don't do back support anymore and just do from the date of the filing. It's a toss up...
- Jo Bear - 11-09-2012 05:25 PM
If the paternity tests comes back that you are the father, regardless if you have your name on the birth certificate will be irrelevant. However, you can now change your daughters last name to yours if you are the father and of course place your name on the birth certificate.
Whether the Judge rules to have you back pay child support may depend on any receipts you may have for previously providing for her. If you don't have receipts then you may want to get the mother to admit you have financially helped in the past two years, (getting it in writing is always best and proof, even if you send her an email to discuss this and she writes back that YES you have been financially helping) That is enough proof to substantiate to the court you have been financially helping her and the court may waive any backpay.
From experience, my husband was paying his ex money on the side to support his daughter but the time came that the courts were going to back the child support from previous years of not paying the CSED. We got her to admit in several emails that he was in FACT paying her money for child support and the courts waived his backpay. We had evidence and proof, without it, you have no leg to stand on and yes the court can force you to repay the years you haven't contributed.
- Orange County Ca - 11-09-2012 05:25 PM
Only if the state is aware of your actions. I would keep the results of the DNA test to myself. Share with no one then just pay the mother directly.
- Loki - 11-09-2012 05:25 PM
Most likely.
- Opinionated - 11-09-2012 05:25 PM
your name on the BC means nothing,your DNA is what matters
some states will go after past support
- bleuroze - 11-09-2012 05:25 PM
If your state allows it, yes.
- Ann - 11-09-2012 05:25 PM
Well, don't you think that is the honorable thing to do? Your child required money to live.
- chubbymeat655 - 11-09-2012 05:25 PM
Putting yourself on child support is a way to avoid her filing first and asking for retroactive child support.
http://dads-house.org/Paternity-WhatMenNeed2Know
http://dads-house.org/GettingStarted-FathersNFamilyCourts
http://dads-house.org/Attorneys-HiringTheRightOne
http://DadsHouseEdCtr.org
http://dadshouseedctr.qhub.com/
http://www.YouTube.com/DadsHouseEdCtr
http://www.crckids.org/
For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors.
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Posted to Dads House Facebook Page
http://www.facebook.com/DadsHouseEdCenter
♂♀
- Kristina - 11-09-2012 05:25 PM
My husbands ex put another mans name on his sons birth certificate, and even though he was exempt from having to pay any CS when we did a DNA test and took her to court to have paternity re- established, we were told because of her threats that after a child support case is open retroactive child support is gone. She has to ask for it at the case hearing, she can't do it later down the road.