Question:

If you never filed for child support can you file for "back" child support? When does child support start?

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If a father signs off on his parental right and there was never court ordered child support while he was still the legal parent can the mother file for “back” child support after the fact? What “IF” there was a stipulated agreement that was never signed off by the local child support agency nor was it notarized? What happens can she still file and potentially get money form the father? Is this legal in California?

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  1. Child support obligation starts when a judge says it starts and is not likely to be retroactive.  Just because a father gives up his parental rights, does not remove his obligation to provide financial support for his child.  

    Be aware that having a court order for child support is just the beginning.  If a parent doesn't want to support his child, it'll be difficult to get any money.  For instance, if he works at a cash job, there's no way to prove that he's working so that his check can be garnished.  He can be arrested and jailed for non-support, but that won't get you any money if he's determined not to pay.  

    Both of the fathers of my two grandchildren have moved out of state to avoid being arrested for non-support.  No one in the other states seems inclined to arrest them unless they first commit another crime.

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