Retroactive Child Support Ohio
In Park v. Ambrose (1993), 85 Ohio App.3d 179, 619 N.E.2d 469, although the filing for parentage occurred more than 20 years after the child's birth, the court denied application of retroactivity.
The mother had wanted the father to have no part in the child's raising nor had requested support or visitation.
The court felt that it would not be just for the mother's actions to prejudice the child's claim for back support and made a distinction between the mother and the child's interest.
In Ryan v. Osman (Nov. 22, 1996), Lake App. No. 95-L-198, 1996 Ohio App, the Lake County Court of Appeals reversed a finding that laches did not apply, although there the father had made substantial payments.
The mother knew of the father's whereabouts and had repeated though sporadic contact with him.
Her filing 12 years after the child's birth was found unreasonable and unexplained.
An award by the lower court of over $ 100,000, coupled with the father's business bankruptcy and a serious illness, amounted to material prejudice.
Again, a somewhat similar case is In re Interest of J.H. (Tex.App. 1997), 961 S.W.2d 550.
There, retroactive support was denied except for a few months back to the date of the filing of the father's answer.
The Texas lower court was said to have discretion under the Texas statute, where it had considered the net resources of the obligor and four legislatively determined criteria, and its order was upheld because it had reference to guiding rules or principles.
The trial court had not abused its discretion.