What does 'owing back child support' mean?

Question

If I didn't get the birthfather to sign over his rights but didn't go after him for child support now but went after him in like 10 years for money, would he have to make up all the money he didnt pay? is that right?

Answer 1

Depends on what state you live in.  Some states will NEVER go backwards when starting a new order.  Some will go all the way back to birth.  Some only go back to the date that the court papers where filed.  Some only go back 1-5 years.  And still other's will leave it entirely up to the judge.  And even if your state will allow you to go backwards all the way to birth, the judge still has the option to NOT do that depending on the rest of the circumstances.  I have a friend, dated a girl in Ohio.  The broke up around the time she got preganant, she never told him.  The went their seperate ways.  She moved to Alaska.  She waited 10 years & then asked for child support (she's still in Alaska & he in OH), & you guessed it 10 years of back support.  In OH, they are allowed to go all the way back to birth.  He had no clue he even had a son, he wasn't on the birth certificate, & had never seen a picture let alone had a relationship with the boy.  DNA testing was done, he was the father.  While in court he argued against the back support.  Stating all the things I already mentioned.  The judge agreed with him, that the back support would be unjust since he had no clue until the date that he recieved his court docs that he even had a son, that he hadn't ever had a relationship with the child, & that she & the boy were now thousands upon thousands of miles away & a relationship now would be impossible.  He only had to start paying from the date that the court papers were filed & until the boy turns 18.  So even though the state said she could get 10 years of back support, the judge said no.  

Here is a very good link, find your state.  You want the "support order establishment" section & the questions "Will your State establish support orders for prior periods?" & "If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?".  The answers to those questions will let you know how far back your state is "allowed" to go.

http://ocse.acf.hhs.gov/ext/irg/sps/sele...

Answer 2

NOPE, you can only get support from the day you file for support.  So if you filed now and he didn't pay for 10 years he would owe 10 years back support. Back support is money owed because they don't pay the courtordered child support amount.  LIke if you filed today but he didn't pay for 5 months then started to pay he would owe 5 months in back support.

Answer 3

no she dont know what she is talking about. yes you can! it happens all the time. my mother works in the prosecuting office and my aunt is the clerk. you can its very very easy!! i also did it to my babies daddy. if the man cannot prove he payed a dime than you get what you want.

Answer 4

It depends on the laws from your state.

Here, in VA, I could only receive back child support through the date I filed for support.  I originally filed in January, so when our court date in May came around, they back dated the support to January, even though my son was born in October.

Check with your locality's juvenile court systems, they will be able to give you the correct information for your state.

Answer 5

I don't know, but I think you should file now anyway. He helped make the baby, he needs to help support him/her. If you aren't worried about the money or don't need it, put it in the bank, a trust, or invest it for when the child gets older. That could pay for their first car, college, or there could come a time when you need it to make ends meet.