In addition, in Ohio, a child support order can ONLY BE retroactive if made in conjunction with a determination of paternity. Once paternity is established, how does a court decide whether or not to order retroactive child support? That statute says that a court shall not order retroactive child support if both of the following apply: On the one hand, there is ORC 2105.26 which contemplates a situation where a father, an adult child (any age), and the adult child’s mother all file a joint declaration in probate court alleging that the man is the child’s father and requesting that the probate court issue an order declaring the man to be the adult child’s father.In that situation, the declaration must state If the mother is deceased, or has been adjudicated to be incompetent, the alleged father and the adult child can file an action together, without the mother.Ohio Revised Code 3111.05 (statute of limitations) says an action to determine the existence or nonexistence of the father and child relationship (paternity, or parentage) may not be brought later that five years after the child reaches the age of 18.That means that in Ohio paternity can be established up until the age of 23.If parentage is assumed, they’ll work out a child maintenance amount.The person named as the parent has to pay this until they can prove that they’re not the parent.Mrs Balsamo claims that, following her husband's death, the CSA sent a letter saying: 'Sorry for your loss, please accept this letter as a claim on Ian Sandywell's estate for the outstanding amount of £9,000'.
However, there are some minor exceptions to this rule.
Retroactive child support is not always ordered by the Court, even when the custodial parent requests it.
One way to avoid this possibility is to bring the matter before a judge quickly.
The primary purpose for this type of action would be to formalize the father-child relationship and to establish rights of inheritance.
Back-Dating Child Support – A Kids’ “Bill of Rights” Sometimes separated or divorcing parents must return to court to ask a judge to effectively adjust and “back-date” (so to speak) a previous child support order, in order to take into account certain factors that were in existence at the time the original order was made, but came to light only afterwards.