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imamommy

Back Child Support issue

imamommy
16 years ago

I have a question related to child support and would like some opinions on it.

When I was 20, I briefly dated a guy I worked with. We stopped seeing each other & then I found out I was pregnant. He refused to talk to me about it and had no contact with me. A few months into the pregnancy, my former BF from HS said he wanted to take care of me, get married & be a family. When the baby was born, we put his name on the birth certificate. I know that was wrong but we justified it at the time because we planned on getting married and the bio dad wanted nothing to do with it. (I later found out the bio dad broke up with me because I wouldn't convert to his religion & it was supposedly important to him.) About two months after the baby was born, the BF from HS left me (because the responsibility was too much for him) and when he left, I was pregnant again. (yes, I had very poor judgment and made bad decisions) He never visited or paid support. (he was ordered to pay for both kids, $72 a month each)

When my son was 2, I filed an action to establish his bio dad as his legal dad but because it had been adjudicated in a support case that the other guy was his dad, I could not proceed against the bio dad. Over the years, I have made attempts to get the bio dad to see his son, but he refused.

When my son was 15, he was having problems, including a tumor we found in his jaw and needed surgery. Again, I contacted his bio dad and he first said he would agree to a DNA test, but backed out saying the legal dad was established. So, I again filed a court action to establish him as the father. The law in CA changed so I could file to dismiss against the wrong guy & I did. It took me a year to find him & take DNA but we got it done and on my son's 18th birthday, the order was vacated, including any past support he might owe for my son (he still owes for our daughter). The following day, I went to court in the other case against the bio dad and he tried to get the court to deny my petition for a DNA test because my son was 18. The court ordered the test (because the case was filed when my son was 15) and if he was proved to be the dad, he would have to pay back to the date it was filed.

So, DNA proved he is the dad. Here's the question that the court is deciding as we speak... He has to pay for the last three years but he filed a motion to dismiss the first case and I filed a motion to consolidate both cases. Should he have to pay back to the date of the first case, when my son was 2? at that time (before CA had "guideline" support, I requested he pay $250 a month so that is the most he would have to pay for each month if it does go back)

any opinions?

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