I am 26 my mother and father divorced when my mom was 7 months pregnant. In the divorce they both said there were no children between them. But his name is on my birth certificate.Can he still be held accountable for back child support?
2006-06-28 04:40:33 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, he could still be accountable for child support, but there are issues in your case.
First of all, you can't file. Only your mother could file. She's the one who might be owed child support.
Second of all, did you mother ever file for child support? Did she do this before you were 18 years old? If she never filed, there is no court order for child support, and therefore your father doesn't owe anything.
If she did file, he would only owe from the date that the request for child support was filed, and would only owe until you were 18 or graduated from high school. It's too late to file now, since you are now a legal adult.
Your mother's lawyer in the divorce screwed up. Since she was pregnant, the divorce should not have been finalized until after you were born. Since you were conceived during the divorce, you are considered the legal child of your mother's husband at the time, and that's why his name was on your birth certificate.
Now, don't be offended at this question, but it's something to think about. Could you possibly have a different father? Perhaps that's why mother never went after your legal father for child support.
2006-06-28 05:03:24 · answer #1 · answered by Mama Pastafarian 7 · 2⤊ 1⤋
Both parents indicated no children in the divorce papers and since the mother fills out the birth records she can use anyones name as the father; this doesn't mean he is.They agreed he was not. Your 26, and made it this far without his money/support so go on with your life. Enjoy the fact that your mom raised you the best she could and loved you. You will gain nothing but heart ache by trying to get his money after both parents agreed 26 years ago that he was not the father. Be happy to be you:) Move forward.
2006-06-28 11:56:16 · answer #2 · answered by scrappy&paco 1 · 0⤊ 0⤋
Yes, but only if he didn't give up his paternal rights. In the divorce if he denies the child, then he may not have to. I have a friend that made her ex-husband say that her son was indeed his son but that was so he could never come back and say the child wasn't his.
He could have signed his rights away, but another key that could save you is that they didn't know AT THE TIME of signing the papers that their was a child. That is a tricky question, I'd talk to a lawyer as well.
2006-06-28 11:46:27 · answer #3 · answered by bridetobebrandie 4 · 0⤊ 0⤋
Yes. It doesn't matter that no children where mentioned in the divorce procedure. Once his name is on a birth certificate, he is obligated to provide child support for 18 years.
2006-06-28 11:46:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
18 years
2006-06-28 11:42:41 · answer #5 · answered by yubtub 1 · 0⤊ 0⤋
YES!!! Until you reach the age of 18, you are able to get child support. If he is your true father, he might want a paternity test. However, if you aren't in college, then your father owes you no money, because you're past the age of needing to be taken care of. Sorry.
2006-06-28 11:46:15 · answer #6 · answered by Mama23Girls 6 · 0⤊ 0⤋
No he cant if there was never an order of support! Technically speaking...if you parents lied in their divorce...the court could a most likley would void their divorce...so they would still be married! But if no one asked for support and their was no order...past support is gone! If you're still in school and require his support you can get it from this day forward...but you have no standing of what happened prior to your 18th birthday
2006-06-28 13:22:40 · answer #7 · answered by Robert K 2 · 0⤊ 0⤋
If you are 26, the limit may have run out. You need to check with your local child support inforcement office.
2006-06-28 11:52:08 · answer #8 · answered by Kats 5 · 0⤊ 0⤋
I don't think so, esp. if your mother never persued it. Besides by the time it made it through court, and you pad those bills, and then had his wages garnished, not only would this take forever, but I don't see where you would be entitled. It was for your mother or who ever was raising you. She would have to go after it, not you. Call a laywer, but my guess is no.
2006-06-28 11:47:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Your best bet is to check with an attorney in your state, and bring documentation with you, such as the divorce decree and your birth certificate.
2006-06-28 11:55:39 · answer #10 · answered by GAJD 2 · 0⤊ 0⤋