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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33779
Experience:  Began practicing Family Law in 1992
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I am trying to sever the rights of my childs father. i just

Customer Question

I am trying to sever the rights of my childs father. i just recently found him again and he wont sign over his rights. am i able to go after back child support? there was never a child support order but I do have a notorized paper he signed 10 years ago stating he would pay 400.00 a month.
Submitted: 2 years ago.
Category: Family Law
Expert:  JD 1992 replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Yes, you can go after child support arrearages but generally you can only get them back to the date on the filing of the petition seeking the child support.However, if he agreed to pay ten years ago and just never did then you can argue a theory of law known as "promissory estoppel" which means that because he agreed in writing to pay then he should not be allowed to claim you are only entitled to ask for the arrearages back to the date you file.Some judges will agree with you and some won't, the only way to know for sure what your judge is likely to do is visit with a local lawyer and see how that judge views these type of situations.Regardless, you need to file ASAP because if they don't agree then the longer you wait the less you receive.