Dallas, TX asked in Child Support for Colorado

Q: Unknown child, and child support questions

I recently found out an ex of mine had a child. She broke up with me, and stopped talking to me. Now, she just messaged me saying She has a 2 week old child. She thinks it is mine but is only about 70% certain, as she has had relations with others at that time.

Her father provides complete financial support (he is a retired judge), so she does not want child support from me. Being in the military, I intend to separate and go to college, and I will be receiving Veterans Benefits in the form of the Post 9-11 GI Bill. If, in the future, she decides that she would like me to pay child support, is it likely that the child support will be retroactive, and I will have to pay for the years that she did not receive any? Also, does her living situation play a part in how much I pay? She is 100 percent taken care of, as is the baby, and is in fact enrolling in college in the fall. (Her parents will watch the kids, and also pay for her schooling)

I appreciate any assistance! Thank you!

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes, support can be retroactive. The living situation and income of the parties defines how support (if any) is granted, but you will need an attorney to review the specifics of the case to make a determination. Of course, prior to any child support, paternity must be established (if you are married you are the presumed father unless you legally refuse paternity--note, the refusal is partially condition on you not being the biological father). If you are married and filing for divorce, you may want to include the paternity as part of the divorce (versus a separate legal cause of action).

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.