I am 18 years old and my father has not paid child support at all. He signed my birth certificate but my mother has not filed for support. Now, she wants to sue him for the money so i and my brother whose 17 can use it for college. Can she do that?
We live in Indiana. I don't know if he does or not.
2007-09-23 14:46:07 · 12 answers · asked by italianamexicana 1 in Family & Relationships ➔ Family
Yes, she can, if she can find his sorry self.
Good luck and best wishes to all of you - No child deserves that.
2007-09-23 14:49:39 · answer #1 · answered by CherryCheri 7 · 0⤊ 0⤋
Even if you can sue him, bear in mind that you might be trying to squeeze blood from a stone. It's all well and good to get a court order saying that someone owes you money, but if they don't have it, they can't give it to you.
You should find a lawyer. But here's what I found in the Indiana Code. There are specific laws dealing with providing support for education, so while you may be entitled to money for college, suing for back-pay might not be the best way to get it. As for whether your dad is obligated in the first place, were your parents ever married? If there's a divorce decree, it will probably spell out what his support obligations are. If not, then you need to file a petition for support. From what I can tell, the determination of whether or not support is due is made based on whether there is a "duty to support," but I can't find a definition for that term.
But seriously, you should get a lawyer.
2007-09-23 14:58:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The short answer is yes, IF, there is or was a court order in place. All States have "Deadbeat Dad" laws. A lawyer will be able to help you recover past-due amounts regarding the court order.
You should consult a Family Lawyer, he or she will take care of it for you. Most law firms charge fairly light for this service, so shop around if you get a large quote on legal fees. The reason for this is that the Deadbeat Dad law extends to all States and had made it a lot easier for people to collect. Essentially, to make a very long story short, there is a central legal clearing house established by the States and the U.S. Government to handle these issues.
2007-09-23 14:55:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
she may can get something for your brother but she will come up short for you. you are 18 and most child support stops at that age or as long as the child is in college. she needs to consult with a lawyer that knows the child support laws in your state. GodBless
2007-09-23 14:52:40 · answer #4 · answered by Crystal G 5 · 0⤊ 0⤋
NOT an attorney, which is what you need. Generally, since you are 18 - your mother can not sue on your behalf. You can, however, for I think it's 3 or 5 years back.
2007-09-23 14:53:06 · answer #5 · answered by Coach C 2 · 0⤊ 0⤋
I don't think so since there was not a support order. She should have filed for one years ago. Call the child support place in your area and ask them. More that likely they will answer your questions.
2007-09-23 14:51:01 · answer #6 · answered by kim h 7 · 0⤊ 0⤋
I'm going to say no. I believe you have to be established with the case worker to build the case into a law suit. Why would your mother do this to him. Is she just being vengeful? How do we know if he hasn't been helping her without the system. I sure do hope she's being fair in all of this because this sounds like a nasty plan.
2007-09-23 14:52:37 · answer #7 · answered by sweet 5 · 0⤊ 0⤋
I don't see why not,but check with your state Attorney General's Office first.
2007-09-23 14:50:24 · answer #8 · answered by Babylove 6 · 0⤊ 0⤋
yes, she can ask 4 it 4 both of u as long as u still live @ home & go 2 school...he may go 2 jail if he does not pay it or loose his dr. lic.
2007-09-23 14:50:40 · answer #9 · answered by mom 2 · 0⤊ 1⤋
You can. You can even have his wages garnished
2007-09-23 14:54:31 · answer #10 · answered by Experto Credo 7 · 0⤊ 0⤋