My daughter is 12 years old, I wasn't married to her father, but DNA test proved he was in fact her biological

Question

father when she was 3 years old. He had never paid child support. He also only lives 10 miles away and refuses to see her. Can I sue him for 12 years back child support? I've raised her soley by myself. He has a extremely high income, I am layed off, and struggling to make ends meet.

Answer 1

"My daughter is 12 years old, I wasn't married to her father, but DNA test proved he was in fact her biological
father when she was 3 years old. He had never paid child support. He also only lives 10 miles away and refuses to see her. Can I sue him for 12 years back child support? I've raised her soley by myself. He has a extremely high income, I am layed off, and struggling to make ends meet."

There quick answer to your question is "Yes. But you won't necessarily win."

As with all questions from Yahoo! Answers L&E what jurisdiction you live in will play a very big part in an answer about what law applies to you. There have been courts that have awarded at least some portion of back child support against non-custodial parents who knew the child was theirs-- even against a few who had no idea they even had a child at all.

But there are also statutory schema that cover the specifics of child support. And there are a number of defenses that a non-custodial parent may use to prevent your collection of BACK child support-- especially when it's been twelve years since the child was born and there was never an order for support.

Where past child support can be collected under the "equity" powers of the court, the defense the non-custodial parent might and probably would use is called "laches"-- your unreasonable delay in pursuing your right or claim.

Put simply, why did you wait so long to seek child support? If you knew nine years ago who the custodial parent is, then why didn't you seek child support payments?

But laches is no defense where past due child support is owed because an ORDER of the Court awarded the custodial parent the support. Once there is an order to pay child support, the custodial parent is owed the money-- even after the child turns eighteeen.

Seek legal assistance and get into court to stake your claim to child support right away. Even if you don't get an award of past child support-- and it would seem by the bare specifics of your fact pattern that you probably won't-- your child can at least have a better life in the following six years.

Lastly, many non-custodial parents feel a lot better about paying child support when they know the money isn't going to be used by the custodial parent for other things besides the child. In addition to going to court for child support now, there's nothing stopping you from trying to get him to put some amount of additional monies in some sort of trust or UTMA account for the child's future-- to free you up from paying everything and to make up for all those years the non-custodial parent didn't contribute to the child's support.

[Answered for a U.S. audience.]

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

You can only sue him for 12 years of back child support if he was ordered by a court of law 12 years ago to pay child support and is in arrears for failing to pay.

If there was never a judgement ordering him to pay you child support, then in the eyes of the law he doesn't owe you any "back" child support. You can however take him to court and begin receiving support now if you can still prove that he is the biological father of your child.

I will also add this, as the single mother of an 11 year old daughter, I too have NEVER received one, single child support payment. I have been laid off in the past too. While it was difficult, I did survive - I took jobs most people think they are too good for - things like cleaning offices/janitorial work at night so that I could look for a job during the day. It's not been an easy road always, however, I think it is so important to teach our female daughters that they CAN be self-reliant. Women are strong, they can bail themselves out if they really want to.

Don't get me wrong, I completely feel your pain, and if this man is her father, YES, he SHOULD be taking some form of responsibility - financial at least. However, I also know that no one, even a family court judge, can't always make someone do what they should. I wish you the best of luck whatever you decide to do.

Answer 3

I'm sure you can sue him, but do you need back child support? How about you just getting him to start paying child support now instead of getting back child support. suing anyone can be a difficult thing and do you want to put your daughter through that. even if he is not a good dad, he is her only dad, maybe one day he will realize that,then maybe they can work out a relationship.

Answer 4

that's totally no longer likely you will get the courtroom to reserve him to pay any previous expenditures/baby help. you have some success at this late date in getting a baby help order going forward, and help in direction of college. despite the alternative reached, it's going to in all probability value you $2,000 or extra to adjudicate this. Your terrific wager is to objective and are available across a sturdy interior sight criminal expert (ask around), and get a seek for suggestion from. Consults are many times loose, yet might value slightly a nominal volume like $50.

Answer 5

I believe you can get back child support because she is still a minor...at least you can get current child support, and that is based on his income.

I would contact a family law attorney as soon as possible, and you can charge him for all legal fees because he has forced you to take legal action due to his refusal to support his child.

...also, if you need government assistance (TANF), they will pursue the father for support on your behalf if you have proof that he is the father.

Answer 6

The time to have addressed this was 9 years ago when you first had DNA confirmation. To go after him now would be petty and would look like you were doing it just for the money. Don't do this to your child.

Answer 7

Does he know that he's the father? If so then you are entitled to the child support. Have you approached him about it? OK he doesn't want anything to do with the girl (a loss for him but maybe she is better off), that doesn't preclude his responsibility.

Answer 8

i dont this for definet but i would talk to a solictor, if you arent working, you can get 30mins free consultation with one, who am sure will be able to advise you as to what to do...i dont see why he cant be made to pay you, if you have the DNA proof then there shouldnt be too much of a problem....the only problem you might have is that you werent married, i really hope you get this sorted...my dad wasnt around much at all and my mum struggled to clothes us so i know how tough you must be finding things....let us know if you get it sorted....much luck with this

Answer 9

Yes you can and should sue him for child support

Any father that deserts his child and lives high on the hog, should be horsewhipped

me=liberal democrat

Answer 10

yes you can sue him for 12 yrs. of pain and suffering...or child support.