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?
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.
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