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My child is 19 and mother never asked for child support. is…

My child is 19...

My child is 19 and mother never asked for child support. is it too late?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Parents were never married but lived together 12 years before splitting

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Answered in 9 minutes by:
7/19/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,613
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Hello,

It may still be possible. There is no statute of limitations on child support in California. What you are asking about is retroactive child support. The petition is typically what starts a divorce or paternity action. That means the start date of the California child support order can go back to the date that was filed even though the Court hearing is after that.

Illustration: A petition for paternity is filed on February 1. It is then served. A request for order for child support is then filed on March 1. The hearing is on April 15. On April 15, the Court makes its child support order and may make it retroactive to February 1 or March 1.

In California, retroactive child support payments are required if:

  • Judge determines that the parent and child are eligible to receive retroactive child support payments
  • The non-custodial parent had concealed assets and finances to avoid paying child support payments or a lower amount
  • The non-custodial parent acted in a way to delay the hearing and the payments were delayed as a result
  • The court concludes that the payments must be backdated to a period that the non-custodial parent was not yet ordered to pay

This doesn't necessarily mean the court is going to order 2 decades of back support. The amount that the court orders for the payments to be backdated to could be to the date the notice was service or any subsequent date decided by the court. When calculating retroactive child support payment amounts, these factors are considered:

  • The needs and requirements of the child
  • The income of the non-custodial parent
  • The amount that was avoided by the non-custodial parent at the time the payments were ordered
  • The amount the non-custodial parent already has paid for child support
  • The date that the non-custodial parent could have been subject to payment

It's possible the court could order little or even no back support given that the child is now an adult.

Note that if support is awarded, the State of California allows interest to be charged for all missed child support payments at a rate of 10% per year.

RobertJDFL
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