Howell, MI asked in Child Custody and Child Support for Michigan

Q: If there has never been legal custody or child support determination and years later a father files will he owe backpay?

My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation schedule set up so we are no longer at her mercy when it comes to our family but he is concerned that he will owe back pay child support from the time his first child was born. Is this the case or will child support go from the time of the first filing?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish paternity, which will create a child support obligation at least back to the date of filing. Your boyfriend can and should prepare to present evidence of support he's provided.

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.