Asked 8/11/2009
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Is it possible to get back child support after 14 years when no judgement has ever been filed? Previous history . . . married for a couple of months - filed for a divorce - found out she was pregnant - I was excited - she had the baby - I paid child support until paternity test proved I wasn't the father - ended all contact with her (for the most part) - 10 years go by - discover that she now has another child (that is now 10 years old) and claims once again that I am the father of a DIFFERENT child? . . . Very skeptical & confused. No more contact is made by her until now . . . 4 years later. The child is 14 years old and I am curious if she is entitled to back child-support. There has never been a judgement filed and I'm not even sure that the child is mine. If she is entitled to child-support will it be back-dated to the time of birth even if I had no idea? Any advice is greatly appreciated! |
Answer 1/3 - Submitted 8/11/2009
Answer 2/3 - Submitted 8/11/2009
I live in GA . . . she lives in TN.
Yes, we got divorced 15 years ago.
I was not married to her at the time the 1st child was born.
I stopped paying child support after the paternity test came back and I was not the father of the 1st child.
Child support was not an issue during the divorce since she wasn't pregnant when papers were signed.
Yes, there is a possibility that the second child is mine . . . it's hard to add up the dates after 10 years went by before I was even aware of the situation. It's very difficult to take her word for it after the first incident.
Answer 3/3 - Submitted 8/11/2009
Okay, now that I have some facts, I can give you the bad news; since she and the child are in Tn , and reside in Tn , she will file there, the Tennesse Supreme Court has case law on this ; and not only are you liable; but if your court devaites from the methods used by tennesse ( go back and look at your income and her income since birth) they will have to have a very very good reason to deviate.
I suugest you hire counsel in order to establish parentage as soon as possible so you knwo what your exposure is ; 15 years will be a 6 digit liability
since you are in shock right now; I found the case law on point ( un wed parents , father didn't know about child for 10 years, etc)
save this for your attorney http://www.tsc.state.tn.us/OPINIONS/tca/PDF/032/He adrickTE.pdf
you really do have my sympathies; no one wants a debt that size. for any reason
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