Columbus, GA asked in Family Law for Alabama

Q: How far back can child support go?

Scenario: Mother has an 9-month old baby. She lived with the father (never married) for about 3 or 4 months of the child's life at which time she (and the baby) moved in with her mother because the father was dangerous and unpredictable. She is currently awaiting a court date (or date for mediation) which could take months as this particular court is backed up for another 4 or 5 months. If the father is eventually ordered to pay child support how far back does it go? Does it go back to the time she left the house they were renting together or from the court date? If back to the time she left, will he have to pay it all at once? Note - she has files for temporary child support in the interim. She just hasn't heard anything back yet. Also, the father claims that any diapers or formula that he has purchased since their split will be the only child support he has to pay. We all know that isn't the case...plus that wouldn't be more than $100 in the past 5 months anyway.

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1 Lawyer Answer

A: Child support could go back to the moment of the child's birth. The father can also be ordered to pay something for her expenses during her pregnancy. In other words, the support can go all the way back. If the father claims he purchased items, he will have the opportunity to present that testimony and evidence to the court. The father cannot be ordered to pay support until he is adjudicated and ruled to be the father by an order of the Court. At that time, however, the Court can order him to pay support all the way back.

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