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Out of state

who's talking here?

sweetcheeks 7
YouReallyThinkSo 1
Clinical Depression 6

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sweetcheeks --- 4 years ago -

Child support...anyone ever filed here & the child's other parent was in another state? 

Clinical Depression --- 4 years ago -

Is he still going to be military? 

sweetcheeks --- 4 years ago -

Oh he's not military at all...and he requested paternity...my son will be 12. My real question is this...I filed a year ago next month...ga has scheduled 3 paternity test & not notified me for any of them. Will he owe back support once the paternity is positive? 

Clinical Depression --- 4 years ago -

Yes, you ask the judge to backdate the order to the date you filed

sweetcheeks --- 4 years ago -

Ok because his wife claims he won't owe until the paternity is determined :/. Thank u 

Clinical Depression --- 4 years ago -

Was there a temporary order for child support issued, and how long after you filed was it issued? Because if there was a temporary order for child support it will be backdated to the date the temporary child support order was set. Did they set an order then the DNA testing came about, or did you file and he request a DNA test an no temporary order was set? Lol, too many factors, 

sweetcheeks --- 4 years ago -

I filed & he requested paternity 

Clinical Depression --- 4 years ago -

If there was no order established prior to him requesting a paternity test, then he does not owe you "back" support since there was no order in place. You can still ask the judge, but it's up to him. 

sweetcheeks --- 4 years ago -

California is saying yes he will. I mean just because he wants a paternity test doesn't mean he isn't responsible for all this time spent waiting for it. 

Clinical Depression --- 4 years ago -

Oh ok, I wasn't for sure since there wasn't a temporary order/order in place. 

sweetcheeks --- 4 years ago -

That's my assumption at least 

YouReallyThinkSo --- 4 years ago -

In the state of California you dont have to have a standing order for child support to be paid back child support. You can request back pay from the day the child was born. There is no statute of limitations on requesting unpaid child support. A parent could even wait and file for back child support after the child has turned 18 and moved. It is up to the responding parent to prove they paid support for the time requesting. 

Clinical Depression --- 4 years ago -

Key word, request. I've seen a lot of ponies and unicorns being requested out of custodial parents doesn't mean it's going to happen.

"Under California law, the custodial parent can collect child support for a maximum of three years before the date of the child support application. In that situation, the judge will consider why there was a delay in filing for child support as well as the non-custodial parent's ability to pay." 

sweetcheeks --- 4 years ago -

Well that Sounds great! ^^ 

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