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 applied for paternity in court for my son who is 5 years old. The father asked for a DNA test. We are waiting for the result. If it’s proven that he is the father, can I ask for child support from the time our child was born? He has given me $300 ten times over the past five years. How do I know how much he can afford? He hired an attorney, but I cannot afford one to represent me.
Depending on your state law, the child support payments may be made retroactive to the date of your child’s birth, or to the date of filing the child support petition.
Most states provide a child support calculator to determine a base estimate of support. The amount of support will vary depending on a variety of factors such as the child custody arrangement, and/or the custodial and non-custodial parent’s income.
You should consult with a local pro-bono family law attorney to obtain legal advice regarding the child support laws of your state.