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A good friend of mine just found out that he may have a 10 year old son. The mother never contacted him to let him know. He will be taking a paternity test soon to find out if the boy is his or not. The mother is married and has other children, as is my friend. I would like to know if he will have to pay back child support if she files for it and if so, how far back? To the date of birth or to the date she files?

2006-12-18 14:18:12 · 17 answers · asked by betty lou 1 in Family & Relationships Marriage & Divorce

17 answers

No to the back child support...There has to be an order from the court first...He will have to pay a few dollars a month if she files now...

2006-12-18 14:32:28 · answer #1 · answered by ABBYsMom 7 · 2 0

Depends on the state I think. But I'm pretty sure the test proves that the boy is his, then he will have to pay back child support from the day of the boys birth.

2006-12-18 14:29:21 · answer #2 · answered by happywifenmom21@verizon.net 1 · 1 0

If her current husband is on the child's birth certificate no he won't, because although the dna says different legally and in the eyes of the court her husband is the child's father. IF his name is on the birth certificate then yes, he just might. Or if she collected any welfare (wic, assistance with child care etc) , and he is found to be the biological father he will have to pay the government back, not her. If his name isn't on the birth certificate then he owes no money to anyone.

2006-12-18 15:05:56 · answer #3 · answered by Anonymous · 0 0

No, back child support only goes into effect if there's been a child support filing the first time.

2006-12-18 14:23:09 · answer #4 · answered by Lara Croft 3 · 0 0

If she takes him to court for child support then it would be from the time the child was born. He might be able to get a lawyer to make see if he can not change that to see if he can pay it from the time he found out. I don't think that will happen.

2006-12-18 14:25:23 · answer #5 · answered by odd622 2 · 0 0

Yes, he will have to pay back support if she files for it; unless his name is not on the birth certificate (I think). If his name is on the birth cert and she never pursued anything then I believe he would be liable even though he never knew he had a child.

2006-12-18 14:22:55 · answer #6 · answered by marincaligirl 3 · 0 0

Were they married? If they were not, he will probably have to pay very little or none. If they were, it will probably be in full back to the date the child was born.

However, the fact that she didn't tell him DOES throw a wrench into ALL of this. If he argues correctly, he may not have to pay anything at all (in back support anyway; future is debatable).

2006-12-18 14:21:01 · answer #7 · answered by Esma 6 · 0 0

technically no he does not have to pay back child support. But can he prove he did not know about the child that will be the key part.

2006-12-18 14:21:04 · answer #8 · answered by Cyrinos 4 · 0 0

NO because you can claim that the mother of your child concealed the child's identity from you and in fact committed a fraud upon this child, which is a crime. The judge will be on your side

2006-12-18 14:24:23 · answer #9 · answered by Anonymous · 0 0

Michigan law only goes back to the initial filing, not birth.

2006-12-21 07:20:39 · answer #10 · answered by mldjay 5 · 0 0

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