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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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My husband and I have a child together, and he also has another

Customer Question

My husband and I have a child together, and he also has another child from a pass relationship, in which the child was in question (DNA). The child is 4 years old now and since he has been born, my husband has tried to get her on more than one occasion to take the child for a paternity test. My husband did he part by going to his appointment to establish paternity. Everytime she was given an appointment she would make up an excuse not to comply. Here recently she just took the child for the testing, because she said she lost her job and needed help. Paternity declared my husband as the father. Since then my husband has been doing what he can for the child, but the mother is a big hinderance. He went to court today they put child support and back pay on him. How can this be when first the paternity test just surfaced, and she is the one who has been playing games all along?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
To answer your question majority of states permit the application of retroactive child support following a paternity action. So even if she was the one stalling, the fact remains that if the state permits retroactive support, the court has the discretion to grant it following a paternity action, since child support is for the benefit of the child regardless of the mother's stalling.

Again it would depend on your particular state law that issued the retroactive support.

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