if my girlfriend does not file for child support right now and the decides to file after 2 years?

Question

do i have to pay for the past years? (in florida)
and if i decided i wanted custody of the child, can i? because she live with her family and there are only 3 rooms for 6 people and the baby makes it 7.

Answer 1

child support will go from the date she files, i do not think they would go back to past times,,,,,, as to custody,,,,, while yes often very small babies and children are with the mother, it really depends on if she is a fit mother and providing adequate care for the child,,,,,,,,,, not how many rooms the home has,,,,,,,,,, so that would not be a reason for you to seek custody

often parents have shared legal custody, with one parent having physical custody,,,,,,,
child support and custody are two separate things,,,, treated separetly ,,,,,,,,, i would sure hope that you are not viewing custody as an option to get out of paying support! whether she files or not,,,,,,, you should support your child,,,,,,, and your child support will probably be much less then you would spend if you supported the child totally,,,,,
also, while you may not have to pay child support for the back two years, if she is getting any assistance from the state,, for the child, they can expect you to pay,,, so its really in your best interest to set up child support right now,,,,,, as that also will probably be less then the state is actually spending , if she is getting medical and food stamps etc

Answer 2

oh i love this question. i live in florida and it depends on how much you see the child within those two years. you have to care for the child and provide proof for more than 40% of the time then you wont have to pay support. florida is a mothers state just to let you know they tend to lean more towards the mothers side. as far as rooms wise i think after a year or two the baby has to have their own room( don't quote me on this one but check it out). as long as you show proof that you have a stable job, can provide for the child and what not you should be able to get at least joint custody. good luck.

Answer 3

nope child support only goes back from the date filled. of course you can go for custody, however just because there are 7 people in a 3 bedroom house doesnt mean that you will automaticaly get custody. what about joint custody? also if she goes for child support, the more percantage of custody you have the less the support will be ordered. even if she isnt working, she will have the ability to earn income, which is min wadge. the only way that it can haunt you for child support before when she filled is if she was on welfare, then welfare goes after you.

Answer 4

You will have to pay from the date she files for the support. Say like she files on March 30th but doesn't get a court hearing until April 19th. You will most likely have to pay from March 30th but not necessarily. It depends on the judge. You will not have to pay for those 2 years though.

In order to get custody from the mother, you must prove her unfit. As long as the baby has a place to sleep and food to eat, they probably won't take custody from her unless she's got men spending the night or she's smoking crack. It's hard to take kids away from mama especially in the south. (Bible Belt)

I personally tried to get back child support from my child's father and was told by my attorney and the judge that I was not entitled to it because he was not under court order to pay it during that time. It may be different in some places; I live in South Carolina.

Answer 5

Do you have the means to take of a child? Are your circumstances any better than hers? Every state is different , but it is very likely you will have to go back to the child's birth for child support. Start saving your money now. Also, do not give her any cash, if you are helping her financially now, do it in a traceable form as in a check or money order, keep all receipts, even making copies of them, this will count towards your back support when she does decide she is going to take you to court. As mean as it sounds, don't forget about paternity testing. Good Luck , and don't forget, it is all about the baby. Make wise decisions.

Answer 6

FIRST OF ALL YOU WILL NOT HAVE TO PAY CHILD SUPPORT UNTIL THE FIRST DAY OF THE MOTHER FILING IT WITH THE DCSE DEPARTMENT OF CHILD SUPPORT ENFORCEMENT, UNLESS SHE HAS MONEY FOR A LAWYER AND TO GO THROUGH THE COURTS MAYBE SHE CAN GET YOU FOR PAST YEARS. AND IF SHE RECEIVES ANY TYPE OF GOVERNMENT BENEFITS SHE WILL HAVE TO APPLY WITH DCSE, SOCIAL SERVICES WILL MAKE HER. AS FOR THE CUSTODY ISSUE YES YOU MAY HAVE A GOOD CHANCE OF GAINING CUSTODY BUT YOU HAVE TO BE PROVEN THE "BETTER" PARENT. YOU CAN CONTACT DCSE AND GET SOME ADVICE MOST EVEN OFFER FATHERHOOD INCENTIVE CLASSES. YOU CAN CALL YOU STATE LEGAL AID SERVICE FOR HELP WITH CUSTODY ISSUES GOOD LUCK.

Answer 7

She probably lives with her family because you weren't paying her child support, so, yes, you will have to pay back child support. After you do that, she will find a place of her own, and if you want to try for custody, you will have to prove her unfit. Generally, judges don't like taking kids away from their mothers.

Answer 8

You can certainly make your case for custody.
That is, you could try to convince a court that
you would be a better parent.

Unfortunately, child support has all to do with the the
right of the child to sufficient funding and has nothing
to do with your rights (or your girlfriend's).

So, I think if she could prove due hardship, she
might be able to get retro-active child care.

Are you just finding out that you are the Dad now?
If so, that would certainly make your case in court
much better.

Answer 9

I think you only have to pay from the day she filed.you should file for custody or A least joint custody. M ost of the time the mother really has to do something bad for her to lose total custody.

Answer 10

I believe she can file and claim you have not paid her since a certain date. So if she files today she can say you have not given her any $ since May 1, 2005, and you will be responsible for all monies owed. It is very difficult for fathers to get custody, it sucks, iknow but thats just the way it is. You would have to prove that she is an unfit mother, which is very difficult. I do wish you luck tho!!