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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37588
Experience:  I provide family and divorce law advice to my clients in my firm.
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H & W separated. A.G. office in Dec. 2012 filed a SAPCR & to

Resolved Question:

H & W separated. A.G. office in Dec. 2012 filed a SAPCR & to establish paternity. Case is soon to be heard.
Q: How far back in payments can H be ordered to pay?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Has that child ever been 'recognized' or put forth as that parent's child in the past? Or is this a new paternity review? If the father was never before listed as a parent, then his parental responsibilities begin when paternity comes back showing him as the likely parent. There is no ability for 'back-support' since he only became a legal parent on the date of the court order.

Good luck.

Customer: replied 1 year ago.

Three children all recognized by father.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Joseph.

In that case if the parents lived together, there is no need to pay support. Support would be calculated from the date of separation when children no longer lived with both parents. In Texas back-support can at most encompass up to 4 years of payments. If the parents were separated for 5 months and the child is 8 years old, at most the retroactive child support would go back is 5 months.

Good luck.

Customer: replied 1 year ago.


So then the max. time they can go back is four years from time of separation?


When they separated in Dec. 2012, H was making $ 24.00 an hour. In Feb. H was laid off & now only collects unemployment benefits.


Q: would court consider the $24.00 an hour H lost in Feb.2013 or only the unemployment benefits he's been receiving since Feb.2013 in calculating child support?

Expert:  Dimitry K., Esq. replied 1 year ago.

Joseph,

Correct, it would be at most up to 4 years. Back-support would be calculated based on a running average of about 2-3 years worth of income, which means both past income and current financial situation would be evaluated and taken into consideration.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37588
Experience: I provide family and divorce law advice to my clients in my firm.
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