I have looked everywhere and cannot find information. If two people live together from the time the baby is born, and the father is the primary (and normally the only one working) caregiver, can the mother get him for back child support if she chooses to leave him and take the kid? He has supported them both but fears he will be forced to pay back support after everything he has already done. They have never been married and live in Indiana...I cannot find anything on this. Someone please help! He knows he will pay support going forward but what about back support?
2006-06-22 15:41:45 · 12 answers · asked by Chrissy 2 in Family & Relationships ➔ Family
The mother would only get child support from the time the case is filed for child support...I know this because I waited eight years to file on my now exboyfriend and could not get back child support, it started from the date I filed, and more than likely it will start from the date she filed...You will need to contact your division of child support enforment or contact juvi-courts in your state and get the process started before the child gets older. good luck.
2006-06-22 15:46:39 · answer #1 · answered by tweeterbird73 3 · 3⤊ 0⤋
As long as he can prove to the courts that he was truly living at that address and should have receipts from paying some of those bills. If he has nothing then you are sunk!!!! Child Support is Cruel and Unusual punishment on the honest guy. It was not set up for the typical Deadbeat, cause they don't care anyway, its the hard working man that gets it worse. It is just that way, I'm not trying to thrash Child Support in any way shape or form. It is what it is. You have to show and prove your ware abouts for that duration. If he has no proof, well............ Sorry to say. My ex-husband was working under the table when the kids went to live with him because he made the good money and I didn't. He couldn't keep his job later down the road because he was too confrontational with his boss so he got a job working under the table and collected welfare both at the same time. I got stuck with the bill twelve years later for $25,000. I'm honest and will pay my debts and that is what I get for it. If you are ruthless, you run free and never have to deal with the wage garnishments cause they never worked an honest days work in their life and probably never will. Do you see what I mean by the good guys getting it? Their are no easy answers in this life no matter how much someone thinks there is. So if he does owe back child support all you can do is grin and bear it, like most of us who got stuck unfairly but what can you do? If you find a better answer, let me know.
2006-06-22 15:58:02 · answer #2 · answered by soniaatcalifornia 5 · 0⤊ 0⤋
I do not know Indiana law. I can say that if certain conditions do not exist (ie, Attorney General, DHS, or other forced court issues.) the parents can arrange an agreement that they can ask the court to consider it. (in short it has to be acknowledge by and agreed upon by both parties that the father contributed to the child's care before the seperation and that both parties want to set support going forward.) On a side note the primary caregiver: is the parent that physically takes care of the child and has the most contact with the child on a day to day basis, if the father or mother works or is gone during a large part of the day he is not considered the primary caregiver. I know he is going thru hell and I wish him luck but don't let this turn bitter there still is a child involved that needs love regardless of what is said and done by others.
2006-06-22 16:02:27 · answer #3 · answered by calmlikeatimebomb 6 · 0⤊ 0⤋
As far as I know, the only way you would have to pay back support is if there was a court order and their were no payments made. My ex owes back support but only because when he was ordered to pay it, he didn't. Otherwise once you go to court, it will just start from that day forward. I was not married when I had my first child and when his father and I ended our relationship and he moved out his support just started from that date we had in court establishing the child support. I hope this helps. You can call your local child support agency. They are very helpful and will answer your questions.
2006-06-22 15:47:37 · answer #4 · answered by djgirlkimber2001 5 · 0⤊ 0⤋
well know of a similar situation if you lived as a couple and he was the main support supported you and the child than he does not owe you any child support but if hes left you and has not supported the baby who is only responsible for not you than from that time to now you take him to court if his name is on the birth certificate he will then have to prove that he supported you til he left and than according to what he makes he will have to give a certain percentage to the baby is 18 since you are not married he is not obligated to you good luck i hope this information helped you
2006-06-22 15:57:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I live in MI, it doesn't matter if you ever lived together. The father of the child is legally responsible to pay child support for that child. MI is really cracking down now. I went many years without any support, I left him when my daughter was 6 months old. She is almost 20 and I am still getting back support. They have frozen his accounts and garnished his wages. Good luck to you!!!!!!!!!!!
2006-06-22 15:48:00 · answer #6 · answered by Kittie 2 · 0⤊ 0⤋
No. if they lived together and he can prove through cancelled checks or money orders, or credit card receipts that he paid all expenses, there is no basis for a back support claim. If she can claim all the expenses and prove that then he may have a slight problem.... "back support" is usually only ordered when there is a support order on the books that has been ignored.
2006-06-22 15:49:23 · answer #7 · answered by antiquator 1 · 0⤊ 0⤋
This is something that you need to ask your Domestic Relations Office. The intake officer will have all the right answers. I know that in Pennsylvania the support is only owed from the date the custodial parent files unless the two parents agree on a different arrangement.
2006-06-22 16:18:53 · answer #8 · answered by student 2 · 0⤊ 0⤋
the man will not have to pay back child support, he will only have to pay from the time she moves out to now. he will not have ot pay for when the baby was born. she must prove that she is not in the relationship and was not living with him.
2006-06-22 15:47:16 · answer #9 · answered by Christina 6 · 0⤊ 0⤋
No, courts do not do that... Each state is slightly different, but if he wasn't ordered to pay child support, he doesn't have to start until the day the court rules it...
2006-06-22 16:26:59 · answer #10 · answered by dudeabides 2 · 0⤊ 0⤋