Am I Able to Request Back Child Support for a Seventeen-Year-Old Child

[lgalan]

My question involves child support in the State of: california

[aardvarc]

It depends. You've given us NO information about the situation with which to work.

[lgalan]

Sorry, first time to ever use forum.

I have physically raised my 17 year old son on my own sine 1998 and his mother has been on government aid since then till recently. I have never filed for child support for my son. I also have a 13 year old daughter from the same mother whom she lives with. I have been paying child support for my daughter ever since there was a court order in 2002. Just recently (today) there was a modification that raised my child support to almost double and will be raised again once my son turns 18. The reason for the modification is that the mother began working and is no longer qualified for government aid. This is the first time my son will be receiving any type of child support from the mother that is court ordered but his child support order just lowers my payment which is why it will increase again when he turns 18. Do I have any rights as a father to request for back child support from 1998 up to February 2012 since his mother never contributed to his upbringing? My son will turn 18 November 11, 2012.

Just to clarify, my son lives with me since age 3 in southern California, mother lives in Northern California.

[aardvarc]

I have never filed for child support for my son.

Here's the problem.


Even if mom was on state aid, you needed to FILE for child support way back then. Had you done so, arrears would have added up over the years and mom would have that child support debt to deal with now that she's employed (or would also have acted to offset amounts due by you for the 13 year old). The court simply isn't going to spring 17 years and some odd months of support on mom now. This isn't a case of not knowing who mom was, where mom was, or the other circumstances under which back support PRIOR to a filing date is ordered. This is just a case of waiting WAY too long to bring the issue to the court. I'd certainly speak to a local family law attorney to get their take on it - many will give at least an initial consultation for free - but the inaction on seeking support up until now is likely to result in a painful outcome.

[Mr. Knowitall]

A court's ability to order retroactive child support is usually limited to the initial order. Subsequently, with very few exceptions, retroactivity is normally limited to the date one of the parties files a petition for modification of support. You recently were in court, were awarded child support, and did not seek retroactive support, so odds are the door is now closed for any support preceding the start date of the court's support order. Also, if prior support orders addressed both children, even to the extent of noting that child support was not being awarded to you by virtue of an agreement or the mother's disability, there would be a long-standing order of "no support".