Q: Can I still get charged with back pay child support?
When the mother and I established paternity she refused child support I supported her financially since my son was born but we are at a point where we just don't get along anymore so I filed to pay child support. Can she still get back paid child support from when my son was born? I don't have evidence of everything that I gave her but it has been thousands of dollars.
A: A request for back child support must be made in advance. The parties are entitled to a trial for the court to decide if they cannot agree to settle the issue. At a court trial the parties can enter their testimony and provide evidence to the court concerning any reasons why the opposing party should not be given the relief which is requested. It is up to the court to determine whether or not money is owed related, for instance, to prior expenses and the birth which can be issues if there are outstanding bills. Child Support is generally granted at the date of filing but in a new case all issues may be raised.
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