Legal Question in Family Law in Minnesota

Child Support

The mother of my son has filed for child support, 2-months before my son turned 18. We were never married and live in separate states (they - Minnesota, we - Washington). I am now married with two children. I have seen my son at varying times throughout his life and my involvement varied with his mother's wishes. I have paid support, intermittently, when asked by his mother, but she never had filed through the court until now. It would be a financial burden to owe back support for two years prior to her filing, and I feel like my son, at 18, can and should support himself at this point. Do I have a case?


Asked on 9/10/08, 1:58 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Child Support

If child support was never established, it is possible that the courtmay determine support retroactively for a two year period under Minnesota law. The court makes such determinations based on arguments related to ability to pay and the child support guidelines. You do have some equitable defenses including the defense of "laches" which can be raised.

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Answered on 9/10/08, 2:44 pm


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