Legal Question in Family Law in California
Statue of limitation for child support in CA
Thank you for your time! My fiance has recently been found by his 17 year old son. We live in California. His son and mother recently moved from Kentucky to Ohio. My fiance's name is not on the birth certificate. The mother and my fiance were never married. Recently my fiance got audited by the IRS, For no reason. My fiance received a phone call on Thanks Giving from his son and was told that Social Security Dept. had asked his son to sign some papers saying that my fiance is his father. In order to collect back child support, and current child support. My question is: Are there any statue of limitations regarding back child support in the state of California. His son was born in California 17 yrs. ago. His mother collected welfare. There has never been a blood test. What should we do?Thanks!!
2 Answers from Attorneys
Re: Statue of limitation for child support in CA
Mr. Johnson's advice is good advice. It is unclear from your message whether there has been any previous order for child support. There are also very important questions concerning which state has jurisdiction to establish a child support order, if one has not yet been established. You need the advice of an attorney on that issues and will need at least a consultation. If no child support order has been established as of right now, you can wait until you have legal papers, if an order has been established you should see an attorney ASAP. Good Luck, Pat McCrary
Re: Statue of limitation for child support in CA
There is no statute of limitations on collecting child support that has accrued under a child support order. Child support cannot be modified retro-actively, that is child support cannot be ordered for the time prior to the filing of a motion to establish or modify child support. The exception to this is in the case of support provided by the government. The government can go back three years.
The first thing you should do is consider retaining an attorney to represent him. Second do not agree to being named as the father unless paternity is established by a paternity test.
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