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 was receiving child support the father was paying rent and some of the expenses) for my son after a verbal agreement me and the father had for only 12 months. Then he met someone and completely ignored us. Now I am in the process of establishing paternity, child support and custody . He has been dodging service and completely not interested in seeing his son. Next month is the third time we will have to go to court. The judge already have said that the father will be giving child support since the day my son was born and not from the day I filed for a court order which is very good for me and my son. Will he get the credit back? I really don’t have any money and certainly cannot afford not to receive money until the credit is paid off. Will he get his credit?”
Question: I am not sure what credit to which you are referring. If you are asking if he will get credit for payments he already made the answer is “probably, to the extent he can prove them.” He will certainly be required to pay prospective support. Additionally, I have never seen a court give someone a credit for past payments in an initial determination of support that results in current support being zero for some time. He would have needed to pay you well in excess of what the Court would have ordered, and this is a concern not worth worrying about in your circumstance.
