QUESTION
Once the court orders a DNA test and if it comes back positive would he have to pay the back pay of child support?
Asked on Dec 13th, 2012 on Child Custody - Alaska
More details to this question:
If your husband has 2 women coming after him saying he is the father to their 3yr old and 2yr old and he is not on the birth certificate as the father, and one of the ladies is going through the court to get child support. Once the court orders a DNA test and if it comes back positive would he have to pay the back pay of child support or would he start from the day paternity was established? Also if they would make him pay the back pay of child support could he end up in jail if it is a high amount and with him not having a job at all? I have been getting multiple answers to this stuff and I don’t know which one is right or wrong. If you could give me some advice that would be greatly appreciated. Thank you and God Bless.
8 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It starts as of the day that the petition for support was filed.
Answered on May 23rd, 2013 at 10:44 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Support would go back at least to the day you filed your motion for support. They should impute minimum wage to him if he's not working.
Answered on Dec 17th, 2012 at 3:24 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Generally, children are entitled to support from their father from the date that their mother files the request with the court or Child Support Services. The Judge or Commissioner has the authority to go back to that date, or to choose another date if there is a reason for doing so. Even if the father attempts to delay paying by getting a DNA test, he will not be excused from supporting his children for those months (unless, of course, he turns out not to be the father). If a large amount is owed, the court will consider his prior employment and ability to pay and will usually order a re-payment plan for the amounts which were not paid in the past. He should be putting money aside each and every month for each of his children at this point in anticipation of being confirmed as the father, so that he can begin to help supporting these children immediately upon confirmation and begin to pay back the mother for those months when she was bearing the burden alone.
Answered on Dec 14th, 2012 at 10:47 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If he is determined by the court to be the biological father, the court can (and probably will) order back support, including a share of the costs of pre-natal care for the mother. In Washington state, the reach-back period is 5 years. He would be at risk of jail only if he willfully refused to pay the support after it is ordered by the court. He would not be at risk of jail if the court found that he authentically was unable to pay.
Answered on Dec 14th, 2012 at 2:28 PM
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
Child support has to be requested by way of a written Motion to the Court. A motion is basically a request to the court. The court acquires jurisdiction (authority to decide) over the child support issue as of the date the written motion is filed. The motion is usually heard 1.5 to 2.5 month later because the courts are busy. The order, when made, is effective as of date the written motion is filed. Usually an order dating back to much earlier time, earlier than the date of written motion, is not made. Amount of child support will be based on his income and percentage of custody, among few other factors, so as to make it affordable. The Court follows what is known as guideline system. In every case ordering child support, the court will order that a wage assignment (garnishment) be issued and served. The wage assignment tells the employer to take the support payments out the wages. When the local child support agency is not involved, both parents can agree that payments can be made in some other way and can ask that service of the wage assignment (sending the wage assignment to the employer) be "stayed" (put on hold). In this situation, the parents work out how child support will be paid and handle it between them. If he does not pay, then Department of Child Support Services can enforce the child support by garnishing wages etc. Willful failure to pay is considered contempt of court and he can even go to jail. However, this last and extreme step is taken only if all other methods have failed.
Answered on Dec 14th, 2012 at 2:03 PM
Yes. The court can go back two years from the date of filing.
Answered on Dec 14th, 2012 at 2:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you are dealing with Colorado law, the law permits court to order child support retroactive the birth of the child. It is a discretionary decision for the judge to make after hearing all relevant facts and circumstances, including whether or not the mother ever even told him about the pregnancy. Generally, jail for non-payment of child support will only result when a parent has the ability to pay and simply refuses to do so. Whether there is an "ability to pay" is a fact question to be determined at the time the court decides to issue a contempt citation.
Answered on Dec 14th, 2012 at 2:02 PM
Suzanne H. Lombardi
I think your best research can be accomplished by calling Child Support Services Division (CSSD). They have a general information line and would be able to answer your question.
Answered on Dec 14th, 2012 at 1:28 PM