Child Support Question?? dont know what to expect?

HI, my husband has a child support issue. before we were married he had a one nighter with this woman 4 years later she has a friend of mine call me at work bc. my husb. is out of town. says he has a kid by her and shes having surg. I need to pick kid up. so I do (cant blame the kid) okay i keep kid a week while hus. away then we return kid home. they move out of state dont see them until kid is 13 then she calls want money for plane ticket kid spends 2 days here 2 weeks with granny. (think that one was for granny!) but ask us to pay ticket (NO) 2 years go on they move back into town. on fathers day calls and ask for seasonpass to theme park ! (NO)

now DNA request.. so the Kid is his ! now what happens? and what about back support? we have children of our own..who are elgible for earn income credit.. can they take that too? help I need answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Yes she can go after him for back support from day one of the child's life. And yes the state can take your tax return and will if there is a child support order in. So if that is the case....you may check with your tax prepairer about filing separatly. Not saying he should get out of paying his back support but you also have to make ends meet for your own children.

    Source(s): personal experience
  • 1 decade ago

    Oh, boy! Yes, she is eligible for back support, not sure for how far back it goes, but yes there is such a thing and it does happen. My question would be, if you knew about this child a long time ago, then why not start paying something then. Apparently this woman isn't greedy, since she has asked very little in the 13 years of this child's life! Your husband had sex with this woman, conceived a child and now he HAS to pay. Even if you have other children to support, this 13 year old child still deserves to have support from his father, just like the children you and hubby have together.

  • 1 decade ago

    Since I have been paying child support for awhile I hope I can help. Yes he will have to pay the back child support if she goes after it. However,he can talk to her and if they have a good relationship, she may and this is totally up to her, waive the back child support or a portion of it. But she does not have to. When it comes to the taxes you can file jointly they will take his portion, however you can file an injured spouse form and you will get your part of the return. Each state is different my ex and I had a set amount that we agreed on that I would pay and a certain amount of that goes towards the back child support.He may also be ordered to help with medical cost, the easiest thing to do is just add him to your insurance from work. I hope this helped and good luck.I know at times it my be frustrating for you it was for my wife but in the end its the right thing to do.

  • Anonymous
    1 decade ago

    He would have to pay back child support if the mother request it. And about the taxes I think the only way they can take that is if he got behind on child support once it was set up. I am not forsure on that one. But I do know he will prob have to pay back child support. My friend didn't tell the father of her child about their kid until she was 7 and he had to pay from the day the child was born.

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  • 1 decade ago

    since it's determined that the child is indeed his, the department of support enforcement can garnish HALF his earnings, including income tax returns. and they will continue to do it until all back support is cought up. after that, they go by your combined house hold income to determine what should be payed out. the only real way around this is for him to sign over ALL paternal rights to the child, thus making opening up the option of adoption for any future father figure.

  • Anonymous
    1 decade ago

    I think u best seek legal advice as it souns complicated.

    As for back child support I would think that he wouldnt have to pay it given the circumstances.........( however Im no lawyer so thats just my opinion)....he may only have to start paying from now on .....but because you have children of your own, that will be considered, so it will not be a high amount.

  • shade
    Lv 4
    3 years ago

    no longer paying to work out the toddler will in no way paintings. toddler help is a criminal courtroom order. So she holds all of the enjoying cards here my pal. The courtroom would not care in case you paid under the table or that she would be able to no longer enable you spot him. They see place of work work and a courtroom order. that's all. Your criminal expert can help you. Your criminal expert can petition the courtroom and show that your visitation (did you placed up a visitation schedule) if no longer you may try this. You try this with a criminal expert who requests a visitation schedule with the courtroom and the choose makes it decent. NOW you have leverage in this. She could adhear to the visitation schedule or she would be able to be held in contempt of courtroom. She would not provide up the toddler on your day and time you carry a cop with you to the domicile to %. him up. The cop makes specific she does it (have the visitation papers in hand). or you meet on the police station. Yeah i understand that's a bbitch and intensely annoying for the toddler yet you may combat hearth with hearth if no longer what takes place is she takes the toddler out of city the evening till now your scheduled bypass to. You tell your criminal expert she did that and you probably did no longer get your desired visitation time. He informs the choose. See the way it works. it somewhat is all approximately capability. And money. yet while the toddler is small it somewhat is all with reference to the capability she has over you. the only way you could combat that's with the courtroom gadget. An sure that demands money on your section and alot of endurance too. as quickly as the toddler grows up say 12 or 14 that toddler could make a greater healthful over no longer seeing you. Then as quickly as he's of age to force he can come on his very own....althrough he will placed his teenager friends first over you yet that's an entire new ball sport there. so as that's the skinnny on it and that i understand I even have lived this and my husband is a criminal expert. So have faith me. extra info: Please to your person good and economic wellbeing the two get a vascetomy or get your new spouse on beginning administration to help you. Dont' have intercourse appropriate after her beginning of the toddler or she would be able to get pregnant immediately. She is amazingly vunerable to being pregnant appropriate after beginning. pills are in basic terms a awful $9.00 a month in comparison too hundreds for a toddler.

  • 1 decade ago

    i think your best bet is to seek a lawyer for these questions. if you cant afford one, go to your local legal aid office. they are in all states and most counties. look in your phone book or call your county court clerks office and ask if they have the number.

    all of these issues are sticky and every state is a little different, so a legal professional would know the answers.

  • 1 decade ago

    The child is what 15 or so? Man what a mess. You had better get a lawyer on this one.

  • Anonymous
    1 decade ago

    I don't think he can backpay from birth.. probably only from when he was told about t he child

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