Saturday, October 31, 2009

Back child support for a child over 18?

My mom attempted to get child support from my dad while I was growing up but she was never able to catch up with him because he stayed in California/ Serveral certified letters were sent to him but he never would sign them. So he really started to come arounf after I had turned 18 because he felt like it was nothing that my mom could do to him as far as collecting child support. We never established paternity. I am 22 now and I want to know if there is any way that she could try to get all the back child support that he owes to her. It makes me made to know that he tried to ditch and dogde child support. Is there anyway she can sue him or something ..cause I want him to pay.
Answers:
If paternity was never established, he does not owe your mother anything. She would have to sue him for a test, have it come back positive, then possibly the court would award her a portion of it, but not the full 18 years.but more than likely the case would be thrown out due to the timelyness.
She should call the Dept of Child Support Enforcement and see about state laws. To my knowledge, there was a support order from the courts she can collect the money even if you are over 18.
Yes. Child support does not have a statute of limitations. My father had to pay child support for us untill he died when we were in our 30's. He stayed away our whole life untill 18 too. My mom went to the attourney generals office in our state of texas, and they ordered a regular small claims type suit saying he still owes the money.
i dont think she can but you can go after him for the child support since your over 18
Spaznskitz is right on this one. The key in your situation is that you never established paternity at all. It's completely different than a situation where he signed off on the birth certificate and paternity was established through the court at the beginning. Your case is a prime example of why unmarried mothers should establish legal paternity through the court as soon as the baby is born. And the father signing off on the birth certificate does not necessarily constitute legal paternity unless the parties are married.
Since you feel this way then first off YOU need to tell this to him face to face. Yes it will be a hard but as politely as possible just let him know your feelings on this subject.
It is also your mothers place to talk to your father and tell him face to face that she would like for him to start making payments to her. Together they can begin a payment plan.
If your mother's x and your believed to be father refuses. Then it is your mothers responsibility to take action.
Whether he pays child support or not both you and your father should take the necessary steps to determine paternity. It is really easy to get this done.

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