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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If the mother of the child declines retroactive child support

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If the mother of the child declines retroactive child support at the time that child support is established, can she change her mind and go back and ask for it?
-Could you explain your situation a little more?
Customer: replied 6 years ago.
I was called in to see if I was the father of a 17 year old child. Turns out I was. When I went to child support court the mother declined retro child support. She stated that she just needs help this last year of the childs life. Child support was then set to be paid every month. The mother is now saying that she wants more money from me. Is there any way that she can go back to child support recovery and say that she changed her mind and now wants the back support that she previously declined?

Ok - I practice in Tennessee.


In paternity cases and voluntary acknowledgment of cases, retroactive support may be ordered from birth. The court may also award child support retroactively to the date of separation of a married couple, abandonment of a child, or physical custody of a parent or non-parent caretaker. Retroactive support is calculated using the average income of the parties over the previous two years. Other provisions may apply if a parent has intentionally hidden the child to prevent visitation.


If the court has entered an order stating that she waived back support, she should be estopped from coming back and claiming a need or entitlement to this money. This is called res judicata.


Also, the judge will clearly see that she's trying to get the money for her own use as he will be an adult in a year (eliminating your obligation to pay).


If there is a court order already determining this issue, it should be over for all purposes.



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