Can I File For Retroactive Child Support?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I have two children ages 12 and 10. I never filed for child support and their biological father is on the birth certificate. If I file for child support now, would he owe from the time they were born?

No, unless there is a state statute that says otherwise. The court will designate the period of time a parent is required to pay child support. You can ask the court to provide support as of the date in which the petition is filed. The court may or may not grant the request.