Child Support-retroactive?

[zacksmom]

I live in Michigan and have a four year old son. His father and I were never married, nor have we ever lived together. He was not involved with my son until he was nearly three (save a few brief visits). I encouraged a regular visitation schedule which he didn't hold to very well. My question is; if I file for child support now, will it be retroactive to the date of birth? He has never paid any support and I have not filed anything with the courts as of this time. Also, my son receives Social Security as the father is disabled. Does that negate child support. I asked my $170 per hour lawyer this and she didn't know!!! I do know that this man's ex-wife received child support and SSI. I told my lawyer this after she said I couldn't get support because of the SSI and she responded with, "Oh, really.." Anyone know the REAL answer?

 

[Howto?]

Why would you want child support back to birth? Did your child not have clothes and food and shelter? If not, how will getting the money now help the past?
I think you should file for support but not back to birth, if you are really thinking of the child here-why would the child need support for time that is in the past???

 

[Rediculous!]

I sort of agree with you! I really dont feel that if mothers dont ask for support for years they should be able to collect back support. Any mother has the option to get support started on day one of the childs life. If they CHOOSE not to then its not the fathers fault. Plus if the child has had its needs met, why would the child need that past support? If their needs in the past were met and they want support for the current time and future then that is fair.

 

[MySonsMom]

The financial obligation for every parent begins when the child is born.

 

[Christina27]

This is true. There are medical bills to consider if the custodial parent doesn't have insurance. That parent should get some financial help. The bills are directed to the parent and thus her/his credit is affected. I myself would try to get at least some retro. Only my opinion.

 

[MySonsMom]

I really dont feel that if mothers dont ask for support for years they should be able to collect back support.

Even if the custodial parent doesn't ask or pursue child support, doesn't mean it isn't/wasn't needed. That is where the non custodial parent (Father in this case) would step in and financially support the child without having to be told or court ordered.

You know, I know a man that has a child with someone. They are currently separated and the two parents both agreed the child would be best with the Mother, and the Father would have visitation. No court order, nothing. The Father pays the Mother a very fair amount of child support every month, without having to be forced to do so. You know why? Because he is the Father of the child, and he has obligations. And better yet, HE KNOWS he has obligations to the child. To me (and I'm sure many others), he is one h*ll of a man/Father. This man also has another child whom he has custody of and has raised for 10 yrs.

Point: No one has to do anything without a court order. But it does sometimes proves the "real" men from the "others". Same goes for women.

You have a child with someone, or you have unprotected sex with someone; expect that you *may* have a child. Bottom line. And when you have a child, you as a parent are obligated to support that child; no one else.

 

[cat2young]

support

One other thing to think about on the retro support, besides the medical (a normal delivery cost about 7,000.) is the father or NCP generaly does not have to pay support past 18, but most people do not finish college until 22 or 23. My ex is over 20,000. behind in support and if I ever get it (which I doubt) it will go right in the boy's college funds. Because we have managed doesn't mean their dad shouldn't still have to contribute. Just another thought.

 

[Rediculous!]

alot of children who reach 18 whose parents are together dont help with college b/c the child is an adult!!
MSM: who said he had unprotected sex? She lied about being on bc. The reason men run from support is because most mothers dont accept a fair amount, the govt. sets an outrageous amount!!!

 

[MySonsMom]

MSM: who said he had unprotected sex? She lied about being on bc.

I will correct myself on that statement. If you have sex with someone (whether protected or not) assume that you *could* have a child. No intercourse is 100% protected. So you are right, my statement was wrong; take out the unprotected because *anyone* can get pregnant if they have sex...period.

 

[zacksmom]

Why would I want retro-active child support?

Just a little history...My son and I have scraped by since he was born and I now have him in pre-school which (as any parent would know) is an incredible expense-but necessary for his social growth. For a person to ask me why I would want support four years back-I would answer; my son's needs have increased beyond my income. His father is financially capable of helping but chooses not to. He uses his time with my son to say very negative things to him and at this point visits have been stopped until he gets counseling-then they will be supervised. I know I'm all over the place here so I will just say that my son and I need the financial help. I have been playing catch up for years and have been patient long enough. I'm a little surprised at some of the replies I received yesterday. I was hoping for clear answers, not judgements on my actions.

 

[MySonsMom]

Zacksmom: A clear answer to your question is yes, you can ask for past and present support. He should have been paying you all along.

Good luck.

 

[LegalBeagle]

Zacksmom: A clear answer to your question is yes, you can ask for past and present support. He should have been paying you all along.

Good luck.

Yes, she can ASK, but she will not be awarded 4 years worth of support and expenses for the birth. Her best course of action is to back date it to the day he started to get involved 18 months ago or when the child started pre-school.. but even then, there is every chance that a good defence lawyer will argue that she had every right to ask for support but choose not to.

Also, if she had not filed anything in court, then she does not even have legal custody.

 

[Brookeohio]

LB: I agree with you! I think that is what Howto was saying.

[Edited by Brookeohio on 02-16-2001 at 09:09 AM]

 

[MOM_of_1_QT]

Zachsmom....

Hi, I am not a lawyer first of all. I am a single mother. YES, you can collect rettroactive child support from the time of child's birth. You may also collect hald of all prenatal costs providing that you have reciepts. You ALSO may collect for half of any of the child's medical bill's since birth. I have just gotten through my long and drought out battle in the courts. Also, I am in Missouri, but it is only legal to garnish up to 50% of his paycheck...UNLESS he owes back pay. Then you may recieve up to 65% of his paychecks. And I believe that someone asked the question why would you want back pay if you made it without. Because you deserve it. You and your child have went without things that you could have had and you have scrimped by for the past how many years while he took no responsibility for his actions. You did not do this alone and you should not have to provide alone. I recieved all back pay, plus since he was so irresponsible..the judge stuck him with carrying insurance, paying for half of any extra-cirricular activities and whatever his insurance does not pay....he must! You deserve it as much as your son should. Take him to buy that toy that he has been wanting and it has been breaking your heart that you couldn't afford it. Or put him in the best school available. I think you need to ask for all and everything that you are owed. He will grow up some day. Point blank...you didn't make this baby by yourself and you shouldn't not even have to ASK him for help....do your bill collectors call and politelty ask you for money....NO. It is a given...you pay them because they are your responsibility.

Good Luck!

 

[zacksmom]

Thanks to "Mom of 1 QT"-been there did that 'eh? To "HowTo?"I can understand why you ask why I want the back support (now that I'm over being offended)
"...if you are really thinking of the child here-why would the child need support for time that is in the past???"
I am thinking of my child when I request this because the bills from the past, they don't go away-I'm in debt and I have carefully kept receipts for all that pertains to my son-I wouldn't dream of asking him for any help for anything other than my son. Honestly, I'm thinking if the guy just goes away-which is entirely possible-I will survive as I always have, but if he wants to continue to drop in and out of my son's life, he should help! My son has medical bills, pre-school bills, food, clothing, shelter, daycare,...all of which I have had to borrow money to pay. Does that answer your question?