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back child support without court order

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CamsCyn

Junior Member
What is the name of your state? CA

I had posted this before. My cousin has opened a case with the D.A. Family Support Division for her 2 year old daughter. What would she file to request back child support. Her ex has contributed nothing, not even a pack of diapers.

In my previous post BelizeBreeze posted a comment (thread - "what can she do") , about what California looks at to determine if back support can be ordered, here is the response to that:

why the parent did not file sooner: The father had beaten her son and after the divorce even before he knew she was pregnant, he harrassed her daily. She was afraid of what he'd do, so she showed good cause and the D.A. family support division did not open a case. She has moved to new count and opened a case, but they can not persue back support on her behalf.

the other parent’s ability to pay: He has a job and is going to pay child support now. He also had no problem asking for the evaluation, which is costing both of them $750 (which she did not have and had to borrow).

any efforts by either parent to deceive the other about the parentage of the child: There is no disput and if he asked for a paternity test it would show he is the father. She has never implied it could be anyone else, even when she was scared and wished she could make him go away.

whether the award would interfere with the support of another child: He has no other children, but he lives with a woman that has 2 children

The daughter is 2 yrs. old. He is on the birth certificate as the father and to date has not questioned paternity. Does she have a chance and if so would retro child support go back to the baby's date of birth? And what would she need to file in order to get this started? And would it be part of the current custody case?
 


casa

Senior Member
CamsCyn said:
What is the name of your state? CA

I had posted this before. My cousin has opened a case with the D.A. Family Support Division for her 2 year old daughter. What would she file to request back child support. Her ex has contributed nothing, not even a pack of diapers.

In my previous post BelizeBreeze posted a comment (thread - "what can she do") , about what California looks at to determine if back support can be ordered, here is the response to that:

why the parent did not file sooner: The father had beaten her son and after the divorce even before he knew she was pregnant, he harrassed her daily. She was afraid of what he'd do, so she showed good cause and the D.A. family support division did not open a case. She has moved to new count and opened a case, but they can not persue back support on her behalf.

the other parent’s ability to pay: He has a job and is going to pay child support now. He also had no problem asking for the evaluation, which is costing both of them $750 (which she did not have and had to borrow).

any efforts by either parent to deceive the other about the parentage of the child: There is no disput and if he asked for a paternity test it would show he is the father. She has never implied it could be anyone else, even when she was scared and wished she could make him go away.

whether the award would interfere with the support of another child: He has no other children, but he lives with a woman that has 2 children

The daughter is 2 yrs. old. He is on the birth certificate as the father and to date has not questioned paternity. Does she have a chance and if so would retro child support go back to the baby's date of birth? And what would she need to file in order to get this started? And would it be part of the current custody case?
Since this child was not part of the divorce/custody case originally~ Dad has every right to ask for a DNA/Paternity test.

It's up to the judge's discretion if the Dad will be ordered to pay back support.

If Mom is only establishing custody with the current case, she'd have to make sure she also filed for back child support. Right now CSE is handling support and the courts are handling custody. Asking for back support would be an additional filing. Mom can contact the Family Law Facilitator's office for help with which documents to file.
 

rmet4nzkx

Senior Member
It is possible that since she failed to request child support in their divorce and subsequently dropped the issue rather than petition the court for restraining orders and supervised visitation, if she feared for the safety of the child that the court will only order child support starting with the current filing. If she had filed for child support and he failed to pay that is a different story. There is something that is not right about the facts.

Insofar as paternity is concerned, in California, the husband is considered the legal father to a child born of the marriage and there is a 2 year window to disestablish paternity. Both parents have the right to request the evaluation and that is not unusual especially when there are accusations that one or both parents are unfit or interfereing with parental rights or visitation.

What county?
 

fairisfair

Senior Member
In receiving a good cause status, your cousin was able to collect welfare benefits without being forced to cooperate with the state in child support or paternity establishment. The STATE paid her benefits during this time. Why would someone else pay her child support now for that same period of time? That is why the state will not file on her behalf, because they paid the money and were prevented by good cause from pursuing the bio dad. Chances of the court awarding her any back child support, prior to the date of this filing, are not good.
 

CamsCyn

Junior Member
child support

rmet4nzkx said:
It is possible that since she failed to request child support in their divorce and subsequently dropped the issue rather than petition the court for restraining orders and supervised visitation, if she feared for the safety of the child that the court will only order child support starting with the current filing. If she had filed for child support and he failed to pay that is a different story. There is something that is not right about the facts.

Insofar as paternity is concerned, in California, the husband is considered the legal father to a child born of the marriage and there is a 2 year window to disestablish paternity. Both parents have the right to request the evaluation and that is not unusual especially when there are accusations that one or both parents are unfit or interfereing with parental rights or visitation.

What county?
I'm not sure if I understand what your saying. She filed for custody under a restrainig order that is in effect until 2009, and he has supervised visitation for 45 mins. once a week. When she originally filed she was recieving aid from the county and thought the D.A. was going to open a support case because of it. His harrassment continued despite the order, but because he did not make a threat he was never arrested and no charges were filed against him. So when she got the papers from the D.A. she showed good cause and the D.A. closed the case. She only recieved aid for a few months.

Are you saying she should not have done that and asked for child support instead? I think that some of the back support would be paid to the county for the few months she recieved aid, wouldn't it?

She's in Merced county
 

CamsCyn

Junior Member
back support on aid

fairisfair said:
In receiving a good cause status, your cousin was able to collect welfare benefits without being forced to cooperate with the state in child support or paternity establishment. The STATE paid her benefits during this time. Why would someone else pay her child support now for that same period of time? That is why the state will not file on her behalf, because they paid the money and were prevented by good cause from pursuing the bio dad. Chances of the court awarding her any back child support, prior to the date of this filing, are not good.
She was only on assistance for 2 or 3 months, she went of when she started a job, after she finished school. So there is 23 or 24 months that she did not recieve benefits for he daughter, she provided with her income and some loans that were paid back with her tax return.
 

CamsCyn

Junior Member
not trying to sound snotty

In my comments, I hope I don't sound snotty or hotty. I am posting the info. as it is given to me, and I just want to better understand. I appreciate the input and suggestions. Please don't think I'm angry or being sarcastic in my rely or questions. Thank you, for what you've said.
 

Just Blue

Senior Member
CamsCyn said:
In my comments, I hope I don't sound snotty or hotty. I am posting the info. as it is given to me, and I just want to better understand. I appreciate the input and suggestions. Please don't think I'm angry or being sarcastic in my rely or questions. Thank you, for what you've said.

No...You don't sound snotty or angry...:)
 

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