Results 1 to 4 of 4

Hybrid View

  1. #1

    Default Retroactive Child Support

    I believe that a woman whom I dated about 17 years ago will attempt to establish that I am the father of her 16 year old daughter. She currently does not have custody of the child due to issues in her past of drug abuse and general unfitness. She currently sees the daughter from time to time and their relationship is amicable although she is not the legal guardian. Her sister is the legal guardian. If she or her sister now make an accusation what is my liability? Could I be required to pay back child support even though through all this time I have never been apprised that this child could be mine. She has off-handedly commented to me about 4 or 5 times in the past 16 years that the daughter resembles me but we just sort of moved on in our conversation and never dwelled on this subject until recently. I live in Pennsylvania.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Retroactive Child Support

    The child was born in Pennsylvania, and continues to live in Pennsylvania?

  3. #3

    Default Re: Retroactive Child Support

    Yes. The child, mother and mother's sister live in Pennsylvania

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Retroactive Child Support

    It appears that an order of support will ordinarily be retroactive only to the date of the filing of the complaint, although the rule language suggests that courts have discretion to hold otherwise.
    Quote Quoting Pa.R.C.P. 1910.17 - Support Order. Effective Date. Change of Circumstances. Copies of Order.
    (a) An order of support shall be effective from the date of the filing of the complaint unless the order specifies otherwise.

    (b) The order shall notify the obligee and the obligor that each is under a continuing obligation to inform the domestic relations section and all other parties in writing within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to, loss or change of income or employment and change of personal address or change of address of any child receiving support. The order shall also notify the parties that if a party wilfully fails to inform the domestic relations section of the required information, the court may adjudge the party to be in contempt of court pursuant to Rules 1910.21-1 through 1910.21-7 and may order the party to be punished by one or more of the following: jail, fine or probation.

    (c) A copy of the support order shall be provided to each party to the action and to the party's attorney, if any, pursuant to Rule 440.
    Note that there may be circumstances when a court doesn't allow retroactivity even to the date of filing. The case law I can find suggests that this (non-retroactiving, as opposed to greater retroactivity) is the intent of that discretionary language. See, e.g., Pfeifer v. Cutshall, 2004 PA Super 206; 851 A.2d 983 (2004); Christianson v. Ely, 575 Pa. 647; 838 A.2d 630 (2003).

    As Pennsylvania doesn't place its statutes online in an official format, it is difficult to research their statutes (at least without subscribing to a paid service), so I suggest running this question past a Pennsylvania family lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Retroactive Child Support
    By jro2783 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 04-30-2011, 08:54 AM
  2. Retroactive Child Support
    By fferrel in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 02-08-2011, 09:08 PM
  3. Retroactive Child Support
    By His Shadow in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 09-28-2009, 05:04 PM
  4. Retroactive Child Support
    By KFields in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-17-2008, 11:47 AM
  5. Retroactive Child Support
    By ReonnA2 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 09-09-2007, 06:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources