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If I understand correctly, at this time, there is no court order for your son to pay child support. If this is correct, then the court can only establish a legal obligation for your son to start making regular child support payments. Your son would not, now, be subject to any other penalty or sanction. (The obligation could include an amount for retroactive child support.). Any court case at this time could include claims for custody of your grandson or shared custody. The amount of child support would be a percentage of your son's income. Please let me know what follow up questions you have. If I have answered your question, then please hit the accept button so that I may be paid.