“The state seeks the refund of aid for the time the NCP should have been paying it. Just because a NCP wasn’t ordered to pay support 15 years ago doesn’t mean the state can’t ask for reimbursement for amounts paid currently.”
It doesn’t mean they cannot ask for it; it just means that the NCP has no responsibility or obligation to pay anything prior to the date. So they cannot require him to pay anything from before that date.
No, no one has any obligation to pay anything unless a court orders them to. The obligation to provide financial support is made by the court, going back to the date the support suit was filed or comparable event (i.e., separation or divorce) that would incur a support obligation, based on his income as determined by the court at the time of the hearing.
Here are just a few quotes on the subject from various government entities; they are all similar; no one allows indefinite backdating. Texas, for example, does say that support when collected first goes to repaying TANF, but that is where the collected support goes after collection; they cannot backdate when the obligation to pay the support attaches.
“Your support obligation is valid as of the filing date of the order. In some instances, your support obligation will have a retroactive beginning date that is from the summons and complaint or from the date that you were served with the motion for child support.”
“Courts can award temporary child support immediately after a Court case is filed. (The Court can make Florida child support retroactive to date of parties separation to a maximum of 24 months prior to filing date.)”
“What happens after a child support order is issued?
The Court assumes that once a child support order is entered, the respondent (the one paying the child support), is paying and is able to pay the amount ordered.”
“A support action begins when one parent files a support petition, requesting the Court to order the other parent to pay child support. … The Respondent must be served with the Petition for Support and has the option of filing an Answer within 20 days after service.”
“B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.
C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.”
“Temporary Assistance for Needy Families (TANF) and certain Medicaid recipients automatically receive child support services after they are certified for public assistance. Persons who do not receive TANF or Medicaid must apply for child support services. There is no charge to apply for child support services. Many services are provided at no cost. Effective October 1, 2011, custodial parents with full-service cases who have never received TANF will pay a $25 fee each year that they receive at least $500 in child support collections. Fees will be deducted from child support payments. Parents who have more than one child support case will pay a fee on each case that meets the criteria.”
"To receive TANF benefits through the Texas Health and Human Services Commission, recipients must cooperate with the Office of the Attorney General’s efforts to identify the child(ren)’s noncustodial parent and collect child support.
TANF recipients must assign to the State their right to child support collections. Payments collected in the case while the family receives TANF benefits are applied toward reimbursing the state and federal governments for TANF benefits received by the family. However, the family will receive as a “pass-through” the first $75 collected during any month that a current child support payment is made. When the family no longer receives TANF, all current support payments are sent to the custodial parent."
“(a) An order of support shall be effective from the date of the filing of the complaint or petition for modification unless the order specifies otherwise. In a child support case, if a change in custody occurs after the date of filing, but before a domestic relations conference is held, the trier of fact shall enter a charging order going forward in favor of the primary custodian that shall be effective from the date of the change in custody. The trier of fact also may enter a retroactive arrears order in favor of the party who was the primary custodian at the time of filing. Such an order may address the period from the date of fining to the date of the change in custody. However, a modification of an existing support order may be retroactive to a date preceding the date of filing if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition.”