05 Feb Can the obligor be ordered to pay child support before obligor is determined by the court to be the father?
Yes, the court may order retroactive support. When determining whether child support is appropriate, the court will look at whether the mother made efforts to notify the obligor that he was the father; whether the obligor had knowledge that he was the father; whether imposing child support for previous years would impose an undue financial burden on the father; and whether obligor provided actual support or any other necessaries before the court action.
There is a presumption that the court should limit the amount of retroactive support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the filing of the suit seeking current support. The four year presumptive max can be overcome if the father knew or should have known that he was the father and attempted to avoid the establishment of an order of support.