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back child support?

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gamom34t

Junior Member
undefinedWhat is the name of your state? Georgia

I have a seven year old who's other biological parent has never been ordered to pay child support although we took a paternity test when the child was 3 months old. The other bio parent has always admitted parentage, lives extremely well and can afford more child support than will agree on. Does anyone know if LA guidelines can require back child support retroactive to the date of the paternity testing?? This is in GA state hands but I'm getting no answers quickly. Any insight would be helpful.
 
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brisgirl825

Senior Member
When was paternity established? Usually he will start to owe at the point that paternity is not in question. You should contact an attorney and have the motions filed.

Sarah
 

brisgirl825

Senior Member
I'm sorry I didn't see that you had already provided that info! He would owe from when the child was three months old.

Sarah
 

Silverplum

Senior Member
gamom34t said:
undefinedWhat is the name of your state? Georgia

I have a seven year old who's other biological parent has never been ordered to pay child support although we took a paternity test when the child was 3 months old. The other bio parent has always admitted parentage, lives extremely well and can afford more child support than will agree on. Does anyone know if LA guidelines can require back child support retroactive to the date of the paternity testing?? This is in GA state hands but I'm getting no answers quickly. Any insight would be helpful.
Why do you want quick answers if the kid is 7 years old?? Where are we, McDonald's? Sheesh. :rolleyes:

Google is quick. Type in "retroactive child support" AND the state.
 

gamom34t

Junior Member
Georgia.

Paternity is not an issue, only the amount of support he will agree to pay. He is anxiously hurrying me to stop the state process and accept what he's offering. I've never had to go through this before so I'm not sure of all of the procedures. The state has had the case for 4 weeks now. Other parent is certain in his own mind that he will not have to pay arrears. I think he should. It's not like I haven't always taken care of the child's needs and he's gotten off with nothing for so long. It's a battle I choose wisely for the child's sake.
 

gamom34t

Junior Member
Georgia.

Silverplum.. no we are not at McDonalds and that is exactly my point. I have paid attorneys left and right only to have him walk away and never sign any paperwork. I went to the state because I'm tired of running in circles with him. Considering I am not familiar with LA law, I am only asking for input here. Google doesn't help.
 

Silverplum

Senior Member
Google doesn't help? Sure it does. You're just looking for us to do your legwork for you.

I will give you one piece of good advice: NEVER take legal advice from your adversary.
 

gamom34t

Junior Member
Georgia

No I can do my own legwork. Each state is different with their own set of guidelines and LA seems to be the most vague. If someone else out there has gone through a similar situation, I'd like to hear about it. And as for taking legal advice from my adversary, that will never happen!
 

brisgirl825

Senior Member
I'm sorry I didn't mean to imply that I knew that, that was the case. I did say "usually" in my first post. I meant that if the state did allow for retroactive support it would probably start at the age of when paternity was established, in this case she said that was at 3 mths of age.
However, I did Google for you and O.C.G.A. 19-6-15 says that Ga doesn't allow for retroactive child support.

Sarah
 

gamom34t

Junior Member
Sarah.. thanks for your input. The state of GA is filing against him in LA. I just can't find anything that says whether or not LA does retro or not.
 

brisgirl825

Senior Member
I think that the state of Georgia would be the law by which it would go by since that is where the child resides.
Good luck. :)
Sarah
 

BelizeBreeze

Senior Member
brisgirl825 said:
I'm sorry I didn't mean to imply that I knew that, that was the case. I did say "usually" in my first post. I meant that if the state did allow for retroactive support it would probably start at the age of when paternity was established, in this case she said that was at 3 mths of age.
However, I did Google for you and O.C.G.A. 19-6-15 says that Ga doesn't allow for retroactive child support.

Sarah
And that would also be wrong. Child support will not be retroactive except where a petition for child support exists, and then ONLY to the date of filing.

From this post, it seems that the petition has been filed within the last few weeks, and that is ALL the court is allowed to award.
 

gamom34t

Junior Member
I thought that was the case too but my state CSE caseworker says differently. She states that it has to be filed in the state he resides because that is where he is employed. She also says that since he willingly took the paternity test and has openly admitted to being my child's father, he will be responsible for back support. Granted I never asked for the arrears but if my child is entitled, she should have it. Just trying to get an idea of what i'm headed for is all. Thanks for all of the input.
 

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