& i live in california and so does he.
can i sue him? or can my grandparents?
2006-12-12 06:18:46 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
you can sue him for back child support but if he doesnt or cant pay it they can garnish his wages or they can put him in jail. you have to wait until you are 18 thhough
2006-12-12 06:20:52 · answer #1 · answered by Anonymous · 0⤊ 1⤋
This is horrible. Any woman who does not tell a man he is a father and then comes along years later and demands child support should be charged with a crime. The worst part isn't even about support money - it's about the lack of a father for the child and lost time that a father should have had with a child. I understand what this friend is saying and can easily see how a family can be plunged into hardship by these harmful actions. Blaming the man while refusing to hold the woman responsible speaks volumes about our society. At least she knew she had a child to provide for. For the man to all of a sudden learn he has another child to support, after marrying and having his other two children, is a shock and unfair to his current family. Sadly, I doubt anything can be done about this. I hope the courts realize the hardship for him and I hope a relationship can be forged between this man and the child.
2016-05-23 00:12:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I think jbean misunderstood your question, but regarding her statement that “In most states once you give birth you become an "emancipated minor", meaning that even though you're not 18 you are regarded by the legal system as an adult.” that is a common misconception and completely false. There is NO state where merely giving birth emancipates a minor. A pregnant minor is ‘medically emancipated’ (in most, if not every state) which means they can make decisions regarding their medical care, but that’s the extent of their emancipation. A minor parent does have parental rights over their child. But, that minor parent is still subject to the control and supervision of *their* parents. I really don’t want any kids on here thinking they can get pregnant and then they’ll have all the rights of an adult, because that’s not true.
Your grandparents need to consult with an attorney--NOW--but here’s a very important question: Was there ever a child support order in place?
2006-12-12 12:58:47 · answer #3 · answered by kp 7 · 0⤊ 0⤋
In most states once you give birth you become an "emancipated minor", meaning that even though you're not 18 you are regarded by the legal system as an adult. If the father was ordered by a judge in a custody agreement to pay child support and has not, then yes, you should be able to file a suit against him for the unpaid support. But do not think that he loses visitation on the child for this - about 15 years ago the courts decided that visitation and child support were two seperate issues, and if you try to keep the child from him because he hasn't paid up, then he can counter-sue you for breaking the custody/visitation agreement. One person made mention that the courts will garnish his wages, but seeing as that's how child support is supposed to be paid in the first place, my guess is that he doesn't currently have a job for them to even garnish. And if he's working "under the table" you won't be able to prove his income. It's very difficult to get a deadbeat parent to actually pay up, and the court system is slow and often times, sadly, broken. My sister in law works for the department of family services in Chicago and her ex hasn't paid child support in over two years - you'd think that she'd be able to get the courts to side with her seeing as she works for the system, but still not a single penny. And the bit about deadbeat parents going to jail - they have to be thousands of dollars behind and you'd better get one heck of a lawyer - it doesn't happen often.
2006-12-12 06:36:33 · answer #4 · answered by jbean29 1 · 0⤊ 0⤋
At one time your dad was ordered by a court to pay child support. There is a legally binding court document that states how much he should pay and to whom. Right now, the only person that could sue your dad for not paying child support is whoevever the "payee" is on that court document -- your grandparents? Mom? etc? I would recommend working with that individual in getting money from your dad.
2006-12-12 06:30:26 · answer #5 · answered by Jaren A 1 · 0⤊ 0⤋
only the gaudian can sue for childsupport (ie your mother, your grandparents). More than likely even if they did sue at this point (you being almost 18) you would be 18 before anything happened and you are not eligable for child support after you are 18, so it would just be a waste. maybe if you were younger.
2006-12-12 06:26:07 · answer #6 · answered by weebles 5 · 0⤊ 0⤋
If he was ordered to pay, and has been non-compliant, then your guardian (I'm guessing grandparents?) would be able to, but not you yourself. You might make a case for it if you've been supporting yourself, but no guarantees. However if he's been ordered, and your grandparents have custody, and he hasn't been paying, it's a no-brainer. But whoever your legal custodial parent or guardian has to make the case.
Good luck!
2006-12-12 06:28:29 · answer #7 · answered by T J 6 · 1⤊ 0⤋
If you have been under your granparents care, they can sue him, even for back child support after you turn 18, though it would be eisier to get a judgement before that.
2006-12-12 06:21:18 · answer #8 · answered by boredperv 6 · 1⤊ 0⤋
If your grandparents have legal custody of you they can. You will have to check with the Attorney General to see if you can as a minor child.
2006-12-12 06:27:40 · answer #9 · answered by BUPPY'S MEME 5 · 0⤊ 0⤋
I don't think YOU can, unless you were supporting yourself. But whomever was supporting you can.
Was he ordered to pay child support? If not, I don't think you have a case. If he was, then you do.
2006-12-12 06:22:11 · answer #10 · answered by Anonymous · 1⤊ 1⤋