Back Child Support Due?

[missflo]

What is the name of your state (only U.S. law)? NM

My niece and her boyfriend have a 7 year old daughter who has been living with her in NM for at least the past 4 years. The boyfriend has been living in Texas.
After a long separation, my niece is just now taking him to court to determine custody, visitation and child support. She is under the impression that she will be entitled to back child support for the years she raised the child alone and he was not contributing. However, I was told that since no court order or legal agreement ever existed, she will only be entitled to child support from this point forward, now that it's going before a judge and she's actually asking for child support. What is the truth here?

 

[Antigone*]

What is the name of your state (only U.S. law)? NM

My niece and her boyfriend have a 7 year old daughter who has been living with her in NM for at least the past 4 years. The boyfriend has been living in Texas.
After a long separation, my niece is just now taking him to court to determine custody, visitation and child support. She is under the impression that she will be entitled to back child support for the years she raised the child alone and he was not contributing. However, I was told that since no court order or legal agreement ever existed, she will only be entitled to child support from this point forward, now that it's going before a judge and she's actually asking for child support. What is the truth here?

You are correct. She should not expect a huge lotto win here. Child support will be established from the time she files going forward.

 

[missflo]

I thought that was the case, but she seems to think there is some issue of "abandonment" involved. I told her that when her boyfriend left, they were not married so he had no obligation towards her and since the child is safe and living with her, she can't really be considered abandoned. He is in touch with his daughter and does visit occasionally. I was just wondering about his financial obligation up to this point. She has an attorney, as I said, and the father has been served with the summons but I just wonder why the attorney is allowing her to think she can get "back support"

Thanks for the help.

 

[missflo]

I have been told by other sources, that she can collect child support going back to the birth of the child because this would be considered a paternity case ( since they were never married) which would be different from a divorce where support begins once the divorce is final. Any other experts out there who can clarify this?

 

[LdiJ]

I have been told by other sources, that she can collect child support going back to the birth of the child because this would be considered a paternity case ( since they were never married) which would be different from a divorce where support begins once the divorce is final. Any other experts out there who can clarify this?

Even if that were true, and I don't believe that it is, she would not be getting any lump sum payment. The courts would merely tack on a small extra amount to his monthly child support payments to go towards the arrearages.

If she received any kind of welfare benefits, the extra money wouldn't go to her either...it would go to the state to reimburse the state for the benefits.