My child is 6 years of age and the father and I are sadly going to court now. If the court awards him to pay me child support will he also be made to pay back pay for the previous 6 years?
Child support is awarded prospectively only. If you have an outstanding support order which has not been fully satisfied the father will have to pay what he has been ordered to pay but has not paid. If this is the first support order you are seeking, the father starts off with a clean slate and only has to pay support going forward.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Child Custody Lawyer
You can only go back to the date you filed your request. If you have not asked in 6 years, they will not make him pay it.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
Family Law Attorney
No, he will not be ordered to pay for the past six year time period in which you did not request child support. If you file for support on September 20, then if the court makes a child support order the Child support will begin on October 1.
This does not create an attorney client relationship. Responses are fact specific and the response may differ depending on the facts of each case.