What to do if my husband has an 18 month old son from a previous relationship?

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What to do if my husband has an 18 month old son from a previous relationship?

Nothing has been taken to court yet (visitation or child support). He carries his son on our health insurance and was initially paying her $12 per /week to help with expenses. At the time she was allowing some visitation. However she has stopped all visitation within the past 8 months. In an attempt to “force” her to allow visitation he has reduced the amount per week to $60 and advising her that he will pay more if she will continue visitation. If we take this to court will my husband be required to pay back support? He has bank records showing every payment.

Asked on January 18, 2013 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon your husband's desires to see his son, he should consult with a family law attorney to draft up a proposed agreement with the biological mother as to support, visitation, and custody stating no back support is owed. If she refuses to sign the agreement it seems that he will need to file a petition with the court seeking what he desires per your question.

Based upon what you have written about, he should not have to pay any back child support.


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