I have a question about 'back' child supoort?

Question

I just found out by a court order DNA test that i have a daughter a few months ago. Since i found out, i have been ordered to pay Child Support, and i have been paying, on time, each month. But yesterday, i got a bill in the mail for more than $8,000 in back child support, and it says if i dont pay it in 30 days, then it will go on my credit and taken out of my income taxes.

I though you only owed 'back' child support if you KNEW you had a child and refused to pay. How can i owe this money for the past if i just found out a few months ago? I also found out that the mother of the child put my name on the birth certificate when the baby was born, without me even knowing, and then went and filied for child support. She has been receiving child support since the day the baby was born, and i am now just finding out (almost 3 years later). I am being charged for the last 3 years in child support, but i just got the DNA test and started paying a few months ago.

Answer 1

thats illegal to put your name on birth certificate without your knowledge i would take her to court. as for the back child support i would contact a lawyer but i believe although you weren't aware this was your child you still owe because you are the daddy (sorry) but i would definately keep the papers with the DNA test date on it and everything and talk to a lawyer that is the best way to handle this situation

Answer 2

That is the law. You should have been paying since the day the child was born then you would not owe back pay. Yes they can take it out of your taxes and there is not a thing you can do about it. Just because you just found out thru DNA that the child is yours does not mean you do not owe any past support. Do not even try to fight it because the judge will throw the book at you. What she was getting was support from the state and whatever she gets in AFDC you have to pay back and they tack on interest to your back pay as well.

Answer 3

You've been sued for arrears (back support). Get a lawyer.
Given your situation you should be able to get a court order allowing you to make monthly payments on the back support rather than having to pay it all at once.

And no, it doesnt matter if you knew about the child or not - you can still be sued for arrears.

You sound confusing, Im not following a few things - who has the mother been receiving child support from? If she sued you for support 3 years ago, you would to have had to receive notice of it, and you would have had to attend a mediation session. Did she sue someone else before you took the DNA test?

Regardless...you need a lawyer.

Answer 4

Something about this sounds strange. In my state, Texas, a woman can not put a mans name on the birth certificate as the father, unless he signs it. The only way around this is if they are married. Where has she been getting the child support from? Is it welfare or medicaid?

You need to have an attorney appeal this. If she did not tell you about the child from the get go, and you were not supporting the child simply because you didn't know about it, then how can you be held responsible? However, the part about being taken out of your income tax refund, that is true. And it can go on your credit report. Trust me, I know that part is true.

I hope that you have visitation with the child though.

Answer 5

How can she receive child support if you didn't even know about the child a few months ago? If she filed for child support after your daughter was born you would have been notified to appear in court. They would have gone over how much you made financially and how much she makes and make a decision on child support. Also if you questioned whether or not the paternity child support would not have been ordered until the paternity tests were back. So how can she have been receiving child support without you showing up to court? To me your story does not make sense.

I would hire yourself a family law lawyer who can help you through these legal troubles.

Answer 6

was it a few months ago or a few years ago? You said both. If the child is yours there would have been a court date set up as soon as the mom petioned for support. The support would start from the day of the court hearing whether you were there or not.

Now, saying that, if you can prove you had NO idea about this child (and that will be all on you) the judge may or may not wave the back support.

I suggest getting a lawyer QUICKLY!

Answer 7

Sorry to disappoint you, but you became responsible for that child the minute it was born. You are liable for child support since birth. But I don't understand the rest of your question. If the mother put you on the birth certificate and has been receiving child support but not from you, who was it from. Was she getting support from the State. If that is the case, you owe that too. You can't expect the State to pick up the tab for your baby. I hope you get to know your daughter and become an important part of her life. Your involvment is even more important than your support. sc

Answer 8

The reason you're being charged for back child support is cause the state has been paying it for you all along,BUT it was the Mothers responsibility to inform you of your child's Birth... Get some legal advice Fathers do have rights as well... Good luck dear..everything will work out...

Answer 9

That's why, she put your name on the birth certificate! In texas they have a bastard law meaning no child can be without a daddy, so even if you were proven Not to be this little girls father, you would STILL own the money. It stinks, yes, but that's texas for you. I am paying child for a son that I never get to see. i have an attorney and am fighting for full custody, his dad is in prison, and i just found out 2 months ago that he is now in flordia with his grandmother ( my ex's mom) i was never told anything. i haven't seen my son in almost 3 years.

Answer 10

Because the chance of "YOUR" responsibility became reality when that child was born. Someone felt the hardship when you were not in the picture but you are now and now you need to repay that someone plus continue your obligation. That's the problem with all this unprotected sex. Girls just open wide and guys chose to dump it in. Nobody thinks about the morality or consequences of this.