Hi, I just found out about a year ago a that I have an 8 year old daughter.I am currently working outside the USA. I flew back to take a test and she is mine by DNA. The mother siad that I knew about her but I really had no idea. I was ordered to pay back the 8 years back child support.
2007-03-01 17:41:26 · 11 answers · asked by JessyH. 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
I don't think so, but in your case I hope you can work something out! It doesn't sound fair, I don't think you should have to pay a dime...
2007-03-01 17:45:11 · answer #1 · answered by ♥Klara♥ 3 · 1⤊ 1⤋
The actual amount of child support can be negotiated if the two parties can come to an agreement (even via lawyers). However, if you are ordered to pay the "back child support," which is called Arrears, that cannot be negotiated.
What happens is that you are both required to submit your incomes (pay statements or what have you) and they determine what is considered your "Earning Capacity." The child support is figured out according to that.
So, the AMOUNT can be negotiated, but not the fact that they decided to put you 8 years in arrears as well. (At least I don't believe so.) I would ask your lawyer.
By the way, even if one party (in your case, the mother) doesn't work, she is still held to an earning capacity. I believe it's minimum wage multiplied by 40hours/wk. It's what she COULD be earning. (I know because I'm not currently employed - stay at home mom - and have been involved in amicable negotiations with my ex on child support/custody/etc.)
Good luck!
2007-03-01 17:49:55 · answer #2 · answered by Mommy of 2 Girls 2 · 0⤊ 0⤋
In my child support case my 16 month old daughter's father claimed that he didn't know about her so the Assistant Attorney General ordered him to pay back child support from the date that the child support case was filed. The problem with your case is that it sounds like a court has already made a ruiling and it's kind of hard to change things in family court once an order is in effect. Did you have a lawyer?
2007-03-01 18:53:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In many states in the U.S. it can, yes. Often the parents will negotiate between themselves, their lawyers, or the State, and come to a settlement.
Oddly enough, my wife received a call just today from the State Division of Family and Children where her deadbeat ex lives and they asked if she would be interested in settling for the back support he has owed for over 20 years. Apparently now he cares...
I understand your situation is very different, you didn't know. I hope you can get to know the child when you get back to the States. She needs to know her Dad, at least to know that you care as I'm sure you do. Good luck!
2007-03-01 17:58:03 · answer #4 · answered by AK 6 · 0⤊ 0⤋
Child support can not be negotiated; However you will only have to pay what a judge orders and if you didn't know about the child you need to have an attorney look into the matter.
2007-03-01 17:49:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It really depends on what state you are in. In Florida, child support can only go back 2 years from the date of filing. All states have web information. Go online and look. It is a lot cheaper than getting a lawyer.
Good luck
2007-03-02 02:31:14 · answer #6 · answered by It's Me 1 · 0⤊ 0⤋
it really is a tricky question to respond to without mandatory suggestion. it would count on how a lot your ex makes or perhaps if you artwork or no longer. i'm guessing that you do....and also you're making good money to help your daughter. if so per chance $2 hundred is a honest quantity. If on the different hand you do not artwork or are particularly getting by, then $2 hundred is hardly ever a drop interior the bucket. imagine you should nevertheless go by the courts.
2016-12-05 03:27:49 · answer #7 · answered by ? 4 · 0⤊ 0⤋
well make her an offer , if she acts stupid leave the country and stay gone, if she wanted you to be a part of the kids life she would have let you know much sooner she is just looking for a hand out
2007-03-05 11:26:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Ouch. Get a lawyer.
2007-03-01 17:48:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Appeal and if you still lose just get ready to pay. gl bro. been there done that
2007-03-01 17:45:24 · answer #10 · answered by crzy_papa_smurf 1 · 0⤊ 0⤋