Ask A Divorce Lawyer: Is my dad going to owe 19 years of back child support?

Question: 

I am 30 years old. My mother and stepfather have been married for over 15 years. Recently, my stepfather found out that he has a daughter who is 19 from a girlfriend he had back in high school. The girlfriend never told my stepfather about his daughter, but he found out because the girl researched her biological father and found him when she turned 18. We are waiting confirmation of a paternity test.

My questions are:

1.) Is there a possibility that he may owe 19 years of back child support?

2.) If my stepfather and mother do not have a will in place, where do their belongings default to when they pass? Will this daughter, or the mother from the other relationship, have claim to any of their assets?

 

 

 

Answer:

First, I must state that I am not licensed in Missouri. Cordell & Cordell, P.C. has attorney’s who are licensed and located in Missouri who would be happy to discuss your case with you.

The question of retroactive child support is also state specific and an attorney in your jurisdiction can answer your question more specifically. Some courts are limited in their ability to apply child support retroactively. Some courts can only order child support retroactively to the date that a motion was filed to establish child support. This means that a court in these jurisdictions cannot order child support to be paid all the way back to the date of the child’s birth.

With regards to the passing of an estate where there is not a will in place, an estate attorney is better suited to answer that question.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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