Q: Can a woman sue a man for "back" child support if there was never a court order?
My sister is almost 18. My father has been paying child support on time and on his own for 8 years to my mother for my sister, and also gives both of them extra money when they ask for it. 3 of those years my sister lived with him. For the first 10 years of her life he was incarcerated. No that my sister will be 18 in 3 months, she is getting scared and threatening to sue him for back child support. Can she do this when there was never a court order?
A: Yes and no. Child support orders are prospective in that child support runs from the date the child support petition is filed. However, caselaw permits a mother (its usually the mother) to seek retroactive support from the man. This support is not based on the child support guidelines but allows the mother to recoup some of her reasonable expenses incurred in caring for the child. GA appears to allow the mother to go back to the date of the child's birth in attempting to establish these expenses. See Smith v. Carter, http://caselaw.findlaw.com/ga-court-of-appeals/1533522.html.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
