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  1. #1
    Join Date
    Oct 2009
    Location
    Flat Rock, MI
    Posts
    21

    Default Child Support Backdating

    The concern is with child support in Michigan. I have been served papers to determine paternity of a child that is 7 years old. 7 years ago I had a dating relationship (never married) with the childs mother and we separated when I found out she was cheating on me with someone else. It was discussed that he may have been the father. After that I was never court ordered or even asked to prove paternity. I assumed the child was indeed his all of these years (I moved away for work etc). My question is, I now have been court ordered to prove paternity and the court ordered date is 11/2009 when it was filed with the court. If the child is in fact determined to be mine through DNA testing will I have to pay backdated child support from birth with no knowledge of the child even being my responsibility at that time? Or would it start from the date of the court filing in 2009? I am also a single father and I have full custody of my son from a marriage/divorce along with partial custody of my daughter (both from my ex wife, no relation to current case). I don't know how this will factor in to this also and with child support owed.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Child Support Backdating

    Quote Quoting speedfreakracing
    View Post
    The concern is with child support in Michigan. I have been served papers to determine paternity of a child that is 7 years old. 7 years ago I had a dating relationship (never married) with the childs mother and we separated when I found out she was cheating on me with someone else. It was discussed that he may have been the father. After that I was never court ordered or even asked to prove paternity. I assumed the child was indeed his all of these years (I moved away for work etc). My question is, I now have been court ordered to prove paternity and the court ordered date is 11/2009 when it was filed with the court. If the child is in fact determined to be mine through DNA testing will I have to pay backdated child support from birth with no knowledge of the child even being my responsibility at that time? Or would it start from the date of the court filing in 2009? I am also a single father and I have full custody of my son from a marriage/divorce along with partial custody of my daughter (both from my ex wife, no relation to current case). I don't know how this will factor in to this also and with child support owed.
    Do you know if the mother has ever collected any public assistance for the child?

  3. #3
    Join Date
    Oct 2009
    Location
    Flat Rock, MI
    Posts
    21

    Default Re: Child Support Backdating

    I don't know if she ever collected state assistance. Its a possibility but I do not know. I've always lived in Michigan and I only moved about 30 miles away with legitimate documented addresses. It wasn't like I was in hiding or anything. I've never gotten any emails or any contact of any kind for paternity or support until now. The docket number starts with 2009 also but someone crossed it out and wrote 03 underneath it (when the child was born). Not exactly sure what that means. I will be hiring an attorney.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Child Support Backdating

    Quote Quoting speedfreakracing
    View Post
    I don't know if she ever collected state assistance. Its a possibility but I do not know. I've always lived in Michigan and I only moved about 30 miles away with legitimate documented addresses. It wasn't like I was in hiding or anything. I've never gotten any emails or any contact of any kind for paternity or support until now. The docket number starts with 2009 also but someone crossed it out and wrote 03 underneath it (when the child was born). Not exactly sure what that means. I will be hiring an attorney.
    You will defiantely need an attorney, so I'm glad that you are already looking for one.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,195

    Default Re: Child Support Backdating

    See MCL 722.717. For a child support action brought under the Paternity Act,
    Quote Quoting MCL 722.717(2)
    (2) An order of filiation entered under subsection (1) shall specify the sum to be paid weekly or otherwise, as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, until the child reaches the age of 18. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support for a child after he or she reaches 18 years of age. In addition to providing for the support of the child, the order shall also provide for the payment of the necessary expenses incurred by or for the mother in connection with her confinement and pregnancy and for the funeral expenses if the child has died, as determined by the court under section 2. A child support obligation is only retroactive to the date that the paternity complaint was filed unless any of the following circumstances exist:
    (a) The defendant was avoiding service of process.


    (b) The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act.


    (c) The defendant otherwise delayed the imposition of a support obligation.
    As was previously suggested, though, if the mother has received public assistance you may be required to repay the state for part or all of that assistance. Often when a mother brings an action like this it's because she has applied for public assistance and is required to identify possible fathers as a condition of obtaining that assistance.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,195

    Default Re: Child Support Backdating

    See MCL 722.717. For a child support action brought under the Paternity Act,
    Quote Quoting MCL 722.717(2)
    (2) An order of filiation entered under subsection (1) shall specify the sum to be paid weekly or otherwise, as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, until the child reaches the age of 18. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support for a child after he or she reaches 18 years of age. In addition to providing for the support of the child, the order shall also provide for the payment of the necessary expenses incurred by or for the mother in connection with her confinement and pregnancy and for the funeral expenses if the child has died, as determined by the court under section 2. A child support obligation is only retroactive to the date that the paternity complaint was filed unless any of the following circumstances exist:
    (a) The defendant was avoiding service of process.

    (b) The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act.

    (c) The defendant otherwise delayed the imposition of a support obligation.
    As was previously suggested, though, if the mother has received public assistance you may be required to repay the state for part or all of that assistance. Often when a mother brings an action like this it's because she has applied for public assistance and is required to identify possible fathers as a condition of obtaining that assistance.

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