If my name is not on my son’s birth certificate, when child support is established willI owe back child support?

The mother of my son and I are not together and she will not let me see him. I plan to get a DNA test and set up child support so I can take her to court for visitation. I just need to know if I am going to owe for the months before child support is established? My name isn’t on the birth certificate.

Asked on September 18, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I have tried to pin point an answer for you on this but really I can not determine if back support could be ordered if you mean from birth.  Generally it can only be ordered back from the date the petition was filed at the very least.  You should contact the child support enforcement agency for the county in which you live in to ask for sure what the procedure as to back support is under their jurisdiction.  Also ask about providing an Affidavit of Paternity instead of having a DNA test ordered.  If his Mother will not comply, though, you may have no choice.  Support and visitation should come together.  Good luck to you. 


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