Can I sue for back child support?

[burdett]

I live in Ga. I originally filed for child support in sept.2010 I did not start recieving support until jan.2012.I was told by my caseworker that they (child support enforcement)does not do back pay anymore. I want to know can I take him to small claims court for back pay? My daughter had heart surgery in 2010 and im about to have to file for bankruptcy b/c of the medical bills.

[veto]

Small claims court does not have jurisdiction over child support or unpaid child support. The family law court which issued the current order on support has jurisdiction.

When you filed for child support does not matter at all. When did the court determine paternity and order child support? That date is the date which is important. What he "should have paid" prior to the court order is generally uncollectable.

If he has unpaid child support which should have been paid under court order, and if the state child support agency will not address it, HIRE YOUR ATTORNEY to collect the unpaid amount.

Collecting arrearage is not something you are likely to do successfully without an attorney.

Be very careful about filing for bankruptcy without an attorney. A little mistake could cost you a lot.

[larry]

You were already told the law doesn't allow it. If it did the child support people would have gone after it.

[iden]

If he had a legal obligation at the time of the surgery to help with the expenses, then I would say yes, go ahead and take him to court (family court, though, not small claims).

But, as you were told, the child support was not retroactive, and only goes from Jan 2012 forward. So although you do have some (I'm assuming" extensive medical bills, he is not legally liable for them.


<aside> This does not mean I'm cheering for him because he got away with not paying more. In my mind, he's not even worth the stain left on the sheet from the conception.


*EDIT* - As for the medical bills, talk to the hospital about it, and see if they can reduce what you owe, and/or accept a manageable monthly payment. They may be willing to work with you, but you will have to ask for their help.

[dodya]

You need to consult an attorney, since the State of Georgia no longer deals with back due child support.

[colfre]

Small claims courts don't deal with child support issues. That is under the jurisdiction of the family courts.
You are entitled to back child support from the date that you filed, Sept. 2010, not earlier.

Hope this helps