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Michele312

recently removed sex offender father, wants partial custody

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My son is soon to be 12. Father and I, live in the same town and he communicated when it was convenient for him. He was never stable. I confronted father and ask for help financially. He automatically asked for visitations. This labor day weekend, he came and got him and never gave me the $40 we agreed on. Now he is asking for partial custody.

Am I able to collect child support, after he files for custody and collect for the"back" child support for the past 11 years, that he did nothing. 

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18 hours ago, Michele312 said:

Am I able to collect child support, after he files for custody and collect for the"back" child support for the past 11 years, that he did nothing.

 

I'm going to assume that you are not and never were married to the father.  If that's correct, has paternity ever been established?  If so, how was it established?  Hint:  that the father's name might appear on the child's birth certificate, by itself, does not establish paternity.  In any event, assuming paternity has been established or is, in the future, established, you can seek child support (why you haven't done that before now is hard to understand).  Federal law prohibits an award of support that is retroactive to any date earlier than the date of filing a petition for support.  By the way, child support and visitation are not contingent on each other.

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Hi @Michele312

 

Welcome to the community and thanks for posting! PG brings up a good point...was paternity established in your case, or were you previously married to your son's father? If paternity was established (or if you were previously married), you have a right to seek child support, and father has a right to seek visitation. Father does not have to agree to pay child support, it is the obligation of both parents to support their children. As doucar mentioned, you may have some difficulty collecting child support going back 11 years, however.

 

You may want to confer with an experienced family law attorney. For a free case evaluation and consultation, click here.

 

Best of luck!

The FindLaw.com Team

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