I’ve been paying child support for my daughter but was never listed on the BC as the father or had a paternity test done. Do the payments count if I have bank statements? Can my ex ask for retroactive back pay still?
Dear Anonymous:
If the mother now seeks to get child support through the Depratment of Revenue or through an independent case, she can do so.
However, you state that there was never a paternity test. You can ask for that paternity test in any case brought seeking to have you pay child support, and if there is any doubt, I suggest you do that.
If you are the biological father, then the other parent seeking support can only seek retroactive support for a period of 24 months from the date of filing. So, if you can provide proof of the payments you made during this 24 month period, they will be credited toward any support that you would owe. If you paid more than the law requires then any overage would be applied to support going forward. If you paid less than the law requires, then whatever the retrroactive amount (after the credit for monies paid) is, the court can order that to be repaid. Usually, it is paid overtime, and the law permits the judge to add 20% on to your current support obligation. So, for example, if you owe, going forward, $500 per month, the Court can add an additional $100 that would go to pay any retroactive support that might be owed.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward-Miami-Dade: 954-316-3496
Palm Beach- Boca Raton: 561-962-2785
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