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  1. #1
    Join Date
    May 2006
    Posts
    20

    Default Backdated child support

    I live in South Dakota and i'm raising twins that are 5. I haven't had any support from the father at all. Can I back date support starting in 2004?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Backdated child support

    You were married to the father? If so, you divorced after the kids were born? If not, has paternity been legally established?

  3. #3
    Join Date
    May 2006
    Posts
    20

    Default Re: Backdated child support

    No, never married. Yes, there has been a DNA test and he's the father.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Backdated child support

    If you've already established paternity, states will typically restrict you from requesting retroactive modification. You can check with a local lawyer to see if any facts from your case might trigger an exception.

  5. #5

    Lightbulb Re: Backdated child support

    Sometimes filing for govt. assist can reto it back for a year only. I know CA is this way. It truly depends on your state laws. Check out the provided link, which was given to me by my CSU worker for my interstate case. It lays out the law in your state for you.

    http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=SD

    Per this site the statute of limitations in SD is 20 yrs. and paternity may be established anytime bfore 18 y/o.

    Hope that helps you! Good luck!

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