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PDF Editor FAQ

Do you have to pay child support retroactively if you did not know you had a child?

Yes, sadly you do. This comes from experience. My husband found out he had a 7-year-old child in 2015. We got a letter from the state saying he already owed over $10,500 for the child. That is a number I will never forget. While recovering from the shock of realizing that there might be a child in the world who is a sister to our girls- we also had to come to terms with being made to pay a very formidable debt.Not only do you miss out on 7 years of first with a child, but you are also made to pay the mother for that. Ultimately in court for the back support, my husband received a judgment for nearly $20,000. The amount had increased as the government found more benefits that were paid to the child my husband owed for. So the mother got a little more than $5,000 for back support. The rest is owed to the government.We tried to argue that if my husband had been made aware of this child he would have supported them. Not only financially but also emotionally. That it was unfair of the government to ask him to pay when he didn’t know. The mother tried to claim he abandoned them in the hospital. But that was put to rest when we found the court records of when the original father sued to get off the birth certificate 3 years previous to this.Apparently, when the child was nearly 4, he found out the child wasn’t biologically his. We’re still not sure how this came about. But he successfully sued her for fraud, parenting under duress, and failing to disclose another biological contributor in the timeline of conception. In 2013 he won a judgment for child support paid, lawyers fees, and pain and suffering. It was around $6,000. To our knowledge, the mother has never paid the amount and according to court records she failed to appear at the trial.The father testified that he had no idea another man could have been the father so he was lied to when he signed the voluntary acknowledgment of paternity in the hospital. Since they weren’t married at the time of birth, the hospital usually secretly offers either parent the opportunity to get a DNA test before they sign the paperwork. He waived that right.We used his affidavit in court to bring reasonable doubt to her claim that my husband left them in the hospital. And also showed the judge baby pictures of my husband to further refute her claim that my husband left them because the “baby had blue eyes and blonde hair.” It’s hilarious as my husband himself was a blonde, blue-eyed baby.Why would he reject a baby that looked just like him, refuse a paternity test, and then another man walked in and signed the birth certificate fully believing himself to be 100% the father? So much so he declines a test? That means his testimony is in doubt. If my husband was indeed in the hospital that seriously brings doubt to the original father's lawsuit claiming he was defrauded and led astray by her lying to him. If he knew my husband was potentially also the father, then he can’t claim he now deserves to be taken off as responsible for the child.The judge hesitantly agreed with us. Then he followed that this didn’t matter- what mattered was that this child was my husband's. DNA proved that. So since my husband has an obligation to support his offspring, he shouldn’t be trying to get out of what he owes. The government spent money on this child and deserved to be compensated. Why is it fair to put this burden on the taxpayers? To which my husband replied that if he’d known about the child he’d have supported them, which would mean that they never would have received these benefits. Therefore that argument is null and void- the debt never would have been established in the first place if the government did their job of locating my husband. Why allow the child to get benefits for three years? It wasn’t like they were searching for my husband or he was one of many potential fathers. We owned a ho7me, he had a job, the mother knew his name and told it to the government, it’s not our fault they took 3 years to send us our letter.My husband said he will pay 100% of his obligations to this child going forward. Now that he knew about her, he believed that child support should start from the day that the DNA test came back. Especially because the mother delayed and avoided taking the test herself and ultimately needed a sheriff to go and take her and the child to test. My husband took him within the timeline given by the government, which was within 30 days of receiving notice.I tried to keep this short but it’s very complicated. The way child support works and then how parenting time and custody are other departments is confusing. Since we had no overnights credits we get no credits for parenting time. We got some credits going on from November 2015-May of 2016, once we enforced parenting time. My husband had the standard every other weekend and child support was determined at $800/monthly. Which is a lot for a single child. And even more to a family that was barely cutting it before this.No one cares my husband didn’t know about the baby. That he started all of this from behind. I’d say the average child support worker is a total idiot. They’re jaded and don’t believe anyone. They just want their money.That is the problem with our current court system. It cares more about child support than it does parental involvement. Mothers can withhold a child and get paid for it. There is no legal obligation for her to disclose that a child might be a man’s, but once she files for child support she Is legally obligated to receive every single dime. Something is wrong with that.Did anyone offer us make-up time for missing 7 years of a child's life? Did anyone apologize to my husband for not getting to see his baby's first steps, her first words? No. Never. Not once. Somehow all of this is my husband's fault and it’s the child who suffers. For the sake of the children take important consideration in who you sleep with- as you may be dealing with them for life.

Have you ever stood before a judge who was rude and biased?

Yep. Family court.24 years ago, when my daughter was 16 1/2 years old, I was laid off from my job. For 5 years I had been paying almost double the amount of child support ordered by the court. I went to my ex wife and explained I would have to go back to the amount of support ordered by the court. In the 15 years we had been divorced, I never missed a support payment.Furious, she refused to accept this and went to the county family court and convinced the family services folks to represent her in an attempt to increase the support back to the level I had been voluntarily paying.Come the summer day of the hearing, I showed up at court with a lawyer family friend who agreed to represent me no charge. We met with the family services people first, provided them with financial affidavits as well as proof that I was current on what I was ordered to pay. The ex wife didn't bother to show, as she and her husband were vacationing on Martha's Vineyard at the time. The family services employee was irked at her absence, to say the least. At the end of our pre-court conference, he stated that after this date they were done with her.Enter the court… the bailiff calls our case. The family services guy tells the judge my ex wife didn't bother to show, as she was on vacation, and they recommended no increase in support while I was unemployed. He also told the judge that I was current in support payments. The judge turns to me and tells me he was disgusted I was there, and if I ever missed so much as 1 payment, he would throw me in jail. Further, from that point on, I would be required to remit all payments to the court. So, current with support and threatened with jail. I would call that rude and biased.

My daughter's dad owes over $100k in back child support. Should I let him off the hook?

Last January 2nd I forgave 100,000 in back support in Wisconsin. My daughter is now 38 years old. I raised her alone and put her through college on my own. The child support lien kept the ex from buying a home. At seventy and on social security it was unlikely he would ever pay it. I did not need to go to court. I visited the county child support office where the order originated and signed an affidavit to get the order forgiven. In a month it was done. He can buy a home and move his 92 year old mother in with him. I guess it is a matter of karma for me but I have not regretted this decision. My ex and I are both attorneys and a child support order of 200 per month could have been easy for him to pay. I am responding to let you know that you can handle this outside of a court hearing because the child is over 18. Whatever you decide will be the right decision for you. Judith

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