Legal Question in Family Law in Texas

US-Canada Child Support

I have a son fathered by a man who moved to Texas. I am in Canada. His name is not on the birth certificate, but he is the father. Is it possible to get child support even though we are in different countries? Do I have to prove paternity? Can I get the back payment of six years?


Asked on 1/13/07, 11:40 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: US-Canada Child Support

In Texas the legislalture has limited the retroactive child support to a maximum of 4 years.

Again, it is sometimes hard to get retroactive c.s.

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Answered on 1/14/07, 7:25 pm
Donald McLeod Donald R. McLeod Law Corp.

Re: US-Canada Child Support

In British Columbia, support orders may be sought and enforced against people resident in the United States so long as the State concerned is a signatory to Title IV-D of the Social Security Act (U.S.A.). I believe, but do not guarantee, that Texas is such a State. Generally speaking it is not important what countries you are both in, but what Province and State, as the law varies from Province to Province and State to State, and it is the law of the Province & State concerned that counts. You will have to prove paternity if he denies it. There is a procedure in the Family Relations Act of British Columbia to compel blood tests for DNA analysis to prove paternity. In British Columbia you can not generally get support back past the date you file your application for support in British Columbia. There are some exceptions, but they are not common, and the law surrounding when you may do so is too complex to deal with in this forum.

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Answered on 1/14/07, 11:34 am


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