Can the mother of my boyfriend's child ask for back child support just now? 1 Answers as of February 04, 2015

My boyfriend and I have been together for 4 years and he has a child with his ex. Before me and him got together they had an on/off relationship where he gave her money to help out when they were not together. When we first got together instead of going to court they made an agreement for him to pay her cell phone bill and give her money when needed for the child. Well up until 2 years ago he was giving her cash until I said it would be better to give her checks in case she wants to pull something stupid. Well, she is threatening now to get back child support because she says she doesn't get enough money now, never asked for child support until I moved in with him. Can she get back child support until the child was born and a court order to where I can't stay with him when she visits even though we live together and I am not a threat to the child? The child is 13 years old and knows everything that goes on. We have information on the mom about what goes on at her house on her weekends with or without her there where the child is alone with her little brother who is 3 and sometimes more kids. Is there anyway we can use this against her when we go to court to help us?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
She can ask for back support for two years. If the court believes your boyfriend, then he will get credit for what he has paid. If the court doesn't believe your boyfriend, then he is exposed only up to two years back support. Depending on what the court order says about cohabitation with the opposite sex while not married during visitation will guide your answer to next question. Although, the court may or may not be worked up about it, as each case revolves around its own facts.
Answer Applies to: Alabama
Replied: 2/4/2015
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