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My grandson has a son 12 years old and has been paying $300…

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My grandson has a...

My grandson has a son 12 years old and has been paying $300 a month since birth. My grandson was not listed a the father on birth and mother has refues to indicate him as the father. She is now aasking for all pay child support over the las 12 years. ca she do this? Lives in South Carolina

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

South carolina

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

No

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
7/31/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,881
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good morning. Does he have records of the payments he has made? Does he know why she is doing this now?

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Customer reply replied 8 months ago
he has all the bank deposit slips.....just to get him upset. He has no visitation on when she wants to him to see him. 2 times this yeara a few days
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Thank you for the reply and please allow me a moment

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

In a case where there a parent waits a long time to ask for child support to start, a court becomes more likely to apply laches and not allow retroactive child support or to limit how far the parent can go back. As such, she may have an issue and problem. I say this because she has allowed 12 years to pass and has made no effort to seek or obtain support, so it is not likely a Judge would simply allow it. Moreover, your son has evidence to show he was paying support per their informal agreement and she would be acting in bad faith, to come back now and try and get it. However, she could seek to have it court ordered going forward and of course, he also could motion the court and ask for shared custody or visitation, so she is forced to comply.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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