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Can You Petition for Back Support After Years of Informal Support

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  • 08-25-2010, 09:55 AM
    tubturner
    Can You Petition for Back Support After Years of Informal Support
    My question involves child support in the State of: Texas

    I have just become engaged to a father of one. He and his ex were never married but they did have one child. The mother never filed for CS and custody has never been set. The parents have made their own arrangements. He pays her medical bills (she is on his insurance) and provides clothing and any assistance she needs and has for the past 13 years. Our concern is that when the ex discovers he is getting married, she will file for CS.
    My question is, should this happen, would the courts likely go back for the full 13 years even though he has been paying under their own arrangements? It scares me to think of the financial strain it could potentially put us under and am just looking for a little insight as this is all new to me.
  • 08-25-2010, 10:18 AM
    Lawrence084
    Re: Confusing Cs Issue
    (If she does file). The first thing she will file is a paternity case. That is when the child support will start even though he won't be required to pay at that point. He will have to decide whether to take the paternity test or just simply agree he is the father. Once the paternity case is over then she will file for child support. Usually based on both income and amount of custody will each has determine the amount he will have to pay. The amount that has been determine is in effect when she filed the paternity case. which means he will already start in arrears. So start saving money the day the paternity is filed so he can pay off the arrears immediately. And any money spent on the child will not be accounted toward the arrears after the paternity case has been filed.
  • 08-25-2010, 10:30 AM
    tubturner
    Re: Confusing Cs Issue
    Okay, I am a little ignorant. What exactly is arrears? Will a paternity test still be done if he is on the child's birth certificate?
  • 08-25-2010, 11:26 AM
    Dogmatique
    Re: Confusing Cs Issue
    If he signed an AOP/similar, paternity is already established.

    "Arrears" means "unpaid child support"; unfortunately for Dad if she does file for CS by the time the case is heard he'll already owe X amount.

    Lawrence gave some good advice there - Dad needs to start saving the day she files.
  • 08-25-2010, 11:34 AM
    tubturner
    Re: Confusing Cs Issue
    So I am guessing the arrears would go back to when paternity is established? If that was done when his daughter was born, that will be VERY spendy. Otherwise it goes back to when the mom files for the paternity. Right?
    Thank you so much for you comments. This is a scary situation to get into and I am just trying to get a handle on what to possibly expect. Would probably be wise for us to go ahead and visit with an attorney so we are prepared if, or when, it happens.
  • 08-25-2010, 11:45 AM
    Dogmatique
    Re: Confusing Cs Issue
    No...it goes back to the date of filing for CS. Don't panic!

    Paternity only comes into play if he wasn't legally established as Dad prior to now :)
  • 08-25-2010, 01:38 PM
    Lawrence084
    Re: Confusing Cs Issue
    I am sorry I didn't know he sign the Birth Certificate. No Paternatity case is needed.

    So if she files for child support on 9/1 and the child support case is schedule for 10/1 and on the day of the court case (10/1) he was ordered to pay $500 a month. He will owe $1000 on that day, $500 due 9/1 and $500 due 10/1 to start his payments. So he will be $500 in the arrears on the day of the child support case.

    So in the above example, let say she file 9/1 and the court case is not until 12/1 he will owe $2000 on 12/1. That why you want to start saving the day she files, not the day of the court case.

    The reason I mention this is because they will garnish extra money to pay for the arrears. Let say it $500 a month they will take out $550 for his pay check. The additional $50 will go to arrears until it is paid off. That doesn't mean they will stop immediately when it is paid off. The process might take a few pay checks to actually stop. Then you are chasing money that is yours but goes to the mother until you get it back.

    Also, being in the arrears he will possibly recieve letters threating his Driving Licence & Passbook revoke, Jail time, and Tax Refund Garnishments, and his credit rating will also will be effected in a negative way.


    That make sense?
  • 08-25-2010, 03:08 PM
    tubturner
    Re: Confusing Cs Issue
    Wow! You guys have been a huge help. Thank you so, so much! We had been told (by friends) that if she filed on him now he would owe back CP from the time they split, plus interest. That had me a bit worried. This makes much more sense. I think I will sleep better now.
  • 08-25-2010, 03:44 PM
    Lawrence084
    Re: Confusing Cs Issue
    One last thing...

    In my case (NJ) the mother of my daughter stated on the court case that she wanted me responsible for Health Insurance. I am assuming because she work for a very small company that she was paying x amount in covering my daughter. For whatever reason, I was not required to pay for my daughter health insurance. I never showed up to court, so I am not sure why I wasn't required to pay it. My point is, you may want to look into whether he wants to continue paying it and if so, maybe it will lower his monthly payment if he decide too or increase if he not too or doesn't change at all and then he can decided to leave up to the mother or not.

    It is obigation that he may or may not want to be responsible for. Make sure it is included in the court case no matter what decision he makes. Health Insurance is expensive these days, so if the mother not covering her and now get x amount from the father thru the courts but now has to cover the health care for the child it might be more costly to her than she thinks, and the situation presently might be better than going to court....Just a thought.
  • 08-25-2010, 04:02 PM
    tubturner
    Re: Confusing Cs Issue
    Thank you Lawrence084. Very good advice. He has a great insurance plan and doesn't mind covering her but would be nice if it could lower CP payments too. Always worth checking! I am so glad I found this site today. :)
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