Do I have any legal right to go after child support owed me. Even though I am 37 years old?

Question

I am 37 and my bio-father whom I've only known for 9 years has decided to say to me " it's just too late to be father and son". I lost my mother in 99 to cancer and 1 year before, she introduced me to him. I know I need to prove paternity. But do I have any legal ground after all these years? He never gave his right up to me and never tried to find me, eventhough I was 10 minutes away most of my life.

Answer 1

Nope. Child support applies only until the child in question is 18 years old, and even then, it's paid to the parent with legal custody. You're too late.

And I'm not sure why it is that so many of us who are giving the CORRECT answer (a variation on what I stated above) are receiving a thumbs down.

Answer 2

I know this must be painful, but trying to hit his pocket book because of your adandonment issues is a pretty small thing to do. You can't make someone love you, and trying to hurt them financially certainly won't change that.

There is no statute of limitations on collection of past due support, as long as an order is in place. Parents are obligated to pay child support until a child reaches the age of 19 or graduates from high school, whichever comes first. Support terminates when the child turns 18 if the child is not in high school. In some circumstances, a parent may be obligated to support a disabled adult child longer.

However, you never had an order or even had paternity proven. So no, you can not. Primarily because the child support was not yours to collect, and your mother is no longer alive to pursue it. Child support is due to a parent who is living with the children but apart from the other parent. The parent is entitled to child support from the non-custodial parent. This allows them to take care of the children. The child can not collect this. Only the custodial guardian is entitled to this money. Sorry!

Answer 3

Realistically I think thats your way of trying to punish him for not being a father. The best thing you can do is never be lik e him, be a father to your own kids, and move on. Good luck man, I feel your pain.....As far as the legals, call an attorney, being your mother is dead I think she is actually the person entitled and she may have elected not to collect.
I am a man who pays 33% of my income to child support. I end up working two jobs and it leaves me little time to be with my kids in fact it leaves me almost none. My ex wife drives a Cadillac Escallade and if I miss a payment is quick to point out she has bills to pay. the child support system may be able to help you, but I don't think its the money your looking for....

Good Luck

Answer 4

Your mother would have had to have initiated the legal actions prior to your 18th birthday. Like many laws, there is a statue of limitations for the purpose
of preventing people from bringing someone into court, strictly out of spite
and/or revenge.
You're 37; put this tragedy behind you and move on with the rest of your life-
without that loser of a sperm donor who's not even fit to be referred to as
FATHER. Trust me, you're far better off without him.
He'll pay for his misdeeds where it really counts. You just move along and become successful with whatever your
dreams are . And break the cycle...
become a better father to your child(ren). Best of luck to you and everything.

Answer 5

I would definitely consult some legal advice on this. Even if you are deemed too old for say, "child support", I would think that at least by proving paternity legally it should grant you future rights with your biological ties. (for example, wills and estates, decision making for medical reasons, being contacted in emergencies as next of kin, etc.).
I'm not one to give legal advice, but I think establishing that paternity and consulting an attorney would be your next best move.
Sorry to hear your father has a dead beat attitude...my children have suffered the same fate with their natural father. Best of luck to you!

Answer 6

I have the same situation and went to an attorney to find out if I could get all the back child support owed me. I had a service for years that could not locate him and I finally received information on his location. Of course it was after my daughter turned 21 yrs of age. The attorney told me there was no recourse. But then someone had told me I could still receive back child support so I called the district attornies office and they said I could still collect. Uhm I am confused> So I am saying yes you can but an attorney won't do it because it will cost them more to work the case then it will be worth to them.

Answer 7

Check the statue of limitations If you had done this when you turned 18 there wouldn't be a problem but you are well past 18 now. I can't believe your mother knew who your father was all those years and only introduced you one year before she died. and since your pist at your father you want him to pay all that child support how do you know he didnt pay it in the beginning.

Answer 8

Each state has their own laws but most work closely the same. Had your mother turned him in he could have gone to jail depending on how much he owed in back C.S. that is if it was ever ordered through a court. One free way to find out is check with Child Support Enforcement at your local Department of Health and Human Services (Social Services) they have a child support enforcement attorney that specializes in those laws only and they should be able to answer that question for you. A man who does not support his child is certainly not to be respected but in order to not harbor bitterness you need to find a way to forgive. It will not hurt him, only you if you do not. After a while a mother just gives up and does what she has to do. Let him live with his own guilt and free yourself. None of us can go back and correct yesterday but we can make today different which will result in a better outcome tomorrow. He could make it up through his grandchildren but it does not sound like he desires this so find a way to let it go. Much easier said than done. . .

Answer 9

Child support is paid to the custodial parent, not directly to the child. Any support that was owed in your case would have been paid to your mother per whatever agreement she had in place with your father. If she did not pursue or collect support payments when she was eligible to receive them, you cannot file on her behalf at this point.

You MAY, however, be entitled to a portion of his estate if he has a will. Consult with an attorney who specializes in family law in your area since probate laws vary widely.

My other advice to you is of a more personal nature. I know it's very difficult to accept that one's biological parent didn't want and never cared for one. However, you cannot fix what is really his loss. You can make the choice to be consumed by regret and anger over this for the rest of your life, or you can choose to forgive him for his bad choices and move forward. Don't give him the power to make you an emotional cripple.

Best of luck to you.

Answer 10

Check with your state/county district attorney's office to see what the laws are for where you live. But are you doing this to get his attention or punish him? I know it's hard not to have a parent in your life but making him pay money to you won't make him want to establish a relationship with you. It will most likely push him further away from you. It seems that for what ever reason he does not want to be a parent to you. It's lousy that he doesn't want to do it, but some people in life are just crummy people.

Seems like your best bet is to move on and just find your own way.