We live in Alabama with our two children and his son lives in Texas with his mother. We stayed in contact with them until his son was eight years old. At that time, they moved and we lost touch. His mother never sent us a new address or anything. Last year, my husband found his son on MySpace. He came for a visit and everything went well.
Last night, his mother called and said she is about to sue my husband for 17 years worth of back child support. I think this is ridiculous because she has had our address all of these years and could have contacted us at any time. My question is, can someone be ordered to pay back child support if there has never been an order for child support in the first place. I have no problem with sending him money until he's 18, but to want this huge amount of money now doesn't seem right. Please help. Any advice would be greatly appreciated.
2007-10-23 17:22:48 · 12 answers · asked by dubbyaisanass 2 in Family & Relationships ➔ Marriage & Divorce
by law sadley to say she can but she cant get it in one lump sum sounds like she.s a goldigger and as well by law she never let him know the weheabouts of her as well him to a judge will not let her get what she.s asking for it.s law. my opion?
2007-10-23 17:31:18 · answer #1 · answered by the_silverfoxx 7 · 0⤊ 0⤋
My guess is she could probably sue for back child support and win. The only reason I say that is years ago my brother was dating this girl and she became pregnant. He did not know she was pregnant when they split up and he was unaware he had a child with this girl that lives in Ohio until shortly before the child turned 18. She did not even list him as the father of the baby on the birth certificate. She did, however, live off the state all those years (welfare) and when she was going to be losing her benefits, she contacted the
Atty General's office and they came after my brother and he was ordered to pay all those years of back child support. Of course, he ordered the paternity tests at his expense and he was the father.
At the very least, I would consult an attorney on this issue.
2007-10-23 17:37:01 · answer #2 · answered by drewxjacobs 6 · 0⤊ 0⤋
The real question here is, " Were you paying support before you lost contact with him? And if so, Can you prove you paid her any money during that time?" If so then you will have to pay from the day she moved and you last contact. If you have a nice Judge then they could also say that it is her fault for not giving you the new address and you don't have to pay back support for her negligent. The law works weirdly. They don't care if she wants to be a "B" all of a suddenly. They only care about the child. The best way for you to stop her in her tracts is to have receipts up until she move and not give you her new address. When you get your attorney ask him about visitation rights. How the mother hid the child from you. It is against the law for her to move and not send you a address for you to visit the child. If you have a court order stating this. If you don't have anything from the court saying this. Then I am sadly to say this. But yes she can go back 6 months before the child is born and ask for back support or until the day the father left her or the home where the child resides. I am so sorry for the answer but this is what will really happen to you. I hope you can find a good attorney to get out of this. Good luck with the long haul your in for now.
2016-05-25 08:55:55 · answer #3 · answered by ? 3 · 0⤊ 0⤋
I would imagine if there was a child support order in place, and it wasn't being paid, she probably will win. But I don't know the circumstances. I would contact a lawyer, I just don't understand why court services wouldn't have been trying to get the support if there was and order in place.
I really think you need to contact a lawyer, I now just see that there was no order, so you might be okay, but I would wait and see if she really does it and then contact a lawyer.
2007-10-23 17:28:17 · answer #4 · answered by passionannie 3 · 1⤊ 0⤋
Sounds like she is just looking for a way of getting money. Ask questions at your city/county child services department. Don't pay anything just because she says so. She's probably just jerking yall around. She's the one who moved and didn't tell yall where they were. That should stand for a lot.
2007-10-23 17:42:12 · answer #5 · answered by Barbra 6 · 0⤊ 0⤋
i am still confused on how you loose touch with your kid. see i hired a private detetive and found her dad on the 3rd phone call......he is still lost touch even though i have lived in this home for almost 11 years and had the same phone number and job......i dont know......did you all think of a private detetive. i am not and i'll repeat it again, not about the money. but it would have been nice to be a father and step mom you think? put joy in the childs life.
2007-10-23 17:41:00 · answer #6 · answered by Ida 5 · 0⤊ 0⤋
if there was never a leagal judgement stipulating support and an amount, then i would say she is on a witch hunt, she might be able to get some from this point on until 18, but i would recomend you consult an atty. to be on the safe side. DONT VOULENTERE ANY AMMOUNT!
2007-10-24 01:29:16 · answer #7 · answered by Anonymous · 0⤊ 0⤋
the only way ur hubby would have to pay back child support is if the mother opened a case years ago, but if she is barely going through the system they will only grant her from the time she applied not from years back.
2007-10-23 17:29:21 · answer #8 · answered by becka rdz 1 · 1⤊ 0⤋
Talk to a lawyer a.s.a.p.
Regardless of whether or not she will be awarded back child support, the whole lawsuit thing will be expensive. Be prepared.
2007-10-23 17:29:04 · answer #9 · answered by Anonymous · 1⤊ 0⤋
yes i think so.. i know my girl that did it.. and also know a girl that did it but didnt get the money from way back but started later. so really it depends.. i would contact a lawyer first thing and talk to them about what can or cant be done.. good luck
2007-10-23 17:31:07 · answer #10 · answered by Kat 5 · 0⤊ 0⤋