HomeChild SupportCan a minor be responsible for back child support?
Posted in Child Support on 30th October 2011

Can a minor be responsible for back child support?
My best friends daughter was born when he and the mother were 14. She cut him off from the child by about the 2nd month of pregnancy. His name is not on the birth certificate, he has no paternity test, but he has sent money, gifts, etc through the years. None of this counts as support however because it wasn’t technically “child support”. He couldn’t even legally work until 16 and as soon as he could he had a job. He just turned 18 and filed for parental rights and a paternity test. His court date is April 3rd and the mother is threatening him with “back child support” which she thinks will be astronomical since the child is 3 1/2 and he has never “paid”. What do you think the judge will say about this? Keep in mind she has never filed for child support and I was under the impression that support only went back to the date filed.

Best answer(s):

Answer by laughter_every_day
There is some variance between states and countries. In most states he is not liable for support until the day the court finds that he is the father and orders support.

Answer by SkyDancer American Made
She can’t go after back child support because the birth certificate does not have his name listed as father and there was never a paternity test done. Once the paternity test shows he is the father, the court will determine child support. The amount will become effective as of the date the judge signs the order for the child support.

Answer by cancel
well…what did he do to make her so angry? Now he could be a good guy who got caught up with crazy girl…but he might actually be the crazy jerk guy.

Then again…both of them may be equally jerks.

So…you should stay out of it. If he ends up owing child support….so what? It’s his responsibility.
And owing money is not the end of the world. It won’t destroy his life. It’s not that big of a deal.

Now I’m glad he seems to care about his kid. But I suggest youlet him go to court and figure it out. Just keep him calm and collective. Make sure he doesn’t do anything stupid. Help him grow into a man.

Tell him to join the army if he can’t find a good job. They pay very well.

Answer by KevinM
If there is no order about previous child support, then he cannot be ordered to pay it retroactively.

But these things go much better when the parents agree on how to move forward – he could end up paying a lot of money moving FORward. And yes – support only goes back to the date of a filing.

Answer by gagam
Paternity will need to be determined. Yes, she can ask for back support if he is the biological father. A judge will determine the amount he will be required to pay. We have laws that are supposed to benefit the child, not the parent. Nonpayment of child support can and will allow:
Garnishment of wages
Driver’s license suspension or revocation
I really hope he has a good attorney, a good and stable environment for the child, and a good income if he really wants custody. He will also be required to prove the mother is unfit. This is a tough thing to do and will require witnesses. Good luck, I’ve been there and it’s tough.

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