My bf has three kids the kids mother has never taken him to court for child support because they lived together up until the last one was born. I believe the last one is 3 years old and it's been about 2 years since they broke up. Now I will say that the last child as he has told me is questionable because she cheated on him. She has also as far as I know been on welfare and has never worked a day in her life. She constantly plays games and will not allow him to see his kids. He is going to go to court to get visitation rights and is concerned with whether he'll have to pay back child support? He does take care of his kids faithfully, so its not that he isn't supporting them. I told him I didn't think they could order back child support seeing as though they lived together throughout the relationship at least. But, I've heard yes he will have to pay back child support and no he won't...So, I have know idea. For my own knowledge I'd like to know to at least tell him its a 50/50 chance.
2007-11-30 05:01:30 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Let me say this: She left him, she cheated on him and is now married to the guy she cheated on him with. And no he doesn't keep receipts even though I've told him he should just because of the type of person she is and what they've been through already. She has not petitioned the court ever for child support he is questioning it because he is going to take her to court for visitation and he believes that child support will be ordered? They were together for 10 years so I don't question...his CHARACTER as someone stated. He did and does not deserve what is happening to him. He is a beautiful man, a good man and a good person. He is the first man in a long time that has treated me like the woman that I am. So to the person who said "run" that i should get away and find another man..please!!! It is very rare to find a man these days that does not have kids!
2007-11-30 06:35:04 · update #1
50/50 will work and is considered very fair
2007-11-30 05:05:05 · answer #1 · answered by Anonymous · 1⤊ 2⤋
I think it depends upon the state, but here in California, the court cannot award back child support any further back than the date the request is filed. So if she never filed for child support, the court is not allowed to go back and require him to pay support for that time. Of course, the fact that she is on welfare may complicate that, since the state may want him to reimburse them for some of the money they gave her.
I would have your boyfriend get a paternity test for the last child before requesting visitation for him/her. If he is not the father, he doesn't want to get stuck paying child support for that child.
If he has been making regular monthly payments to her for the kids, make sure he has that documented. He can claim he has been paying her child support that was agreed between them. Unless she can prove that she did not agree to the terms, the court will probably accept that and not charge back support, though future amounts will probably be more.
Only an attorney can give you reliable advice on this, though.
2007-11-30 15:09:21 · answer #2 · answered by rlb1961 3 · 0⤊ 0⤋
There is no such thing as "back child support". Only arrearages assessed on child support that was ordered but not paid. If a woman has a child with a man, and doesn't petition the court for child support until the child is 10, then she has missed 10 years of financial support, the court will not and cannot order back support for the 10 years, she can only collect on the support ordered from that point on.
BUT-if she has been on welfare, and he is going to court to establish parental rights-get an attorney. Because the state can take action to recover payments that it made on behalf of the children if he was the father, knew he was the father, and did not legally support his children with regular financial support. In my state, if he was named on the birth certificate, and she was on welfare, the state would have tracked him down by now to collect child support for her, so that the state could reduce its aid due to available income. He may not owe her support, but he might have a liability to the state.
And, sorry to be this way about it, but any man that has fathered children and says "I supported my kids" but didn't go to court to have it legitimized, in my book is blowing smoke! I fell for the same kind of story from my ex-he didn't see his kids because she wouldn't let him, he payed her support regularly and even produced 'checks' to prove it. In the end, after we married, I found out that he owed tens of thousands of dollars in ordered support that he never paid, and there was a warrant out for his arrest, and his license was suspended in Cali due to non payment of support. He was a deadbeat dad!
If she's on welfare, and she doesn't work, with three kids-he obviously wasn't paying support because she might not have been eligible to collect welfare payments if he were.
He needs a lawyer.
2007-11-30 13:22:45 · answer #3 · answered by Daisy 3 · 2⤊ 0⤋
well one thing is for sure he better have kept good receipts of any money he paid for child support until now.I am not truly sure BUT with her being on welfare that is not a good thing. The state may come back after him for what they had to pay for the children over those years. I know as long as they were living together most times you cannot file for child support unless you are living apart.Usually it start when the child support order is given and not before. with welfare that might be different so just be prepared to pay sorry.I knew someone once that had to pay back the welfare dept. and back child support, plus current support but I cannot remember the details of what happened in his case.
2007-11-30 13:12:39 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Why are you wasting yourself with him? You can get a better guy without baggage like that. Think about it. If he had all those kids with her then left her, WHAT IS HIS CHARACTER! Why even take a chance hooking up with him. If you marry him your income will be necessary to pay off his debts. It will ruin your life, happiness and possibly your cedit. It is inevitable, that he WILLhave to pay back if the mom is receiving assistance from the state (e.g. kids on medicaid or foodstamps). I am talking to you like a mama...make your own babies with a decent man, get far away from him. Otherwise , you may end up his baby, which is no big deal to him, on the Maury Polvich show trying to track him down for making so many babies and not taking care of them. Ridiculous! Run from him! Make his butt go to church with you and watch him run away so fast from you, because the evil he is doing to those kids/sin will keep him out of church. Then you will meet a nice guy with a future.
2007-11-30 13:23:10 · answer #5 · answered by dr. perky (>^_^)><3 2 · 0⤊ 0⤋
she can file for back support if there was a support order and he didn't comply with it...
If there was no order then there is no problem.
This doesn't sound like a relationship that is great, she will always use his kids against him.
He has to stand up and be counted and get some ba*** and get to the court asap, if he is really interested.
The worry should not be about money, but about seeing his kids.
Any good father would be providing for their children.
Is this the kind of mess you want to get yourself into??????
I sure as heck would be taking a good deep look into this person.
2007-11-30 13:15:20 · answer #6 · answered by doclakewrite 7 · 1⤊ 0⤋
You pay back child support when there was an original child support decision made and you didn't pay. As I understand she did not ask for his financial support so she can't complain he didn't pay.
If she asked for a compensation for those years yes the court will look into it and maybe establish an amount to be paid to her.
Your boyfriend should ask for shared custody, this way he can offer them a good quality life when they are around.
2007-11-30 13:10:04 · answer #7 · answered by Jane Marple 7 · 0⤊ 0⤋
If he was living there taking care of the children then no he wont have to pay back child support as he was there. They will probally make him pay from the time that he left up until now. As for the 3rd child i strongly suggest that he gets a test done to make sure that it is his child. Good luck.
2007-11-30 13:07:50 · answer #8 · answered by ? 3 · 2⤊ 0⤋
If he has to pay back child support, an amount will be added to his regular montly payment... and it shouldn't be a huge amount.....
if he is going to court, he needs the advice of an attorney. they would give a better answer about the back child support issue.
2007-11-30 13:12:56 · answer #9 · answered by letterstoheather 7 · 0⤊ 0⤋
He could have to pay support for the years that he wasnt there, and future support for them as well. this depends on wether she is seeking support money or not.
2007-11-30 13:12:56 · answer #10 · answered by pegasis 5 · 0⤊ 0⤋
I think so. He better have receipts or proof of what he has paid or it is going to be very expensive for him.
2007-11-30 13:05:34 · answer #11 · answered by Rein 5 · 1⤊ 0⤋