My dad stopped paying child support when I was 1 y/o and now I'm 18 in college and getting ready to have a child of my own. I visited my dad up until I was 9 b/c he was an alcoholic and so 9 y.o until 13 I didn't see him but in the 8th grade I started seeing him again. Anyways I HARDLY talk to him and he really doesn't give me any good advice, he's always asking me for money and such and I want to sue him for my child support I'm owed.
Only problem is I'm too nice and everytime I do go visit him I always feel bad for thinking about it. But at this point in my life I need it more than ever. So should I sue him to get the child support that's owed to me even though it would probably ruin our somewhat relationship?
Currently he's able to pay all his bills but after that he's left w/ very little money.
Also if I did sue how could I do it where I can get all the money at once instead of over a period of time?
2007-11-05 16:41:21 · 13 answers · asked by cjh4n32n 2 in Politics & Government ➔ Law & Ethics
I'm not a little girl. Idk why ppl keep saying that.
2007-11-06 03:14:10 · update #1
How about now that you're due with a child of your own, you grow up a little? Your dad is who he is and who he has been since you were a little girl. He's an alcoholic and from the sound of things isn't likely to change. Stop asking him for advice if he's not good at it. Accept him for who and what he is. And above all, forgive him for who and what he is. I don't know who said this, but it's so true: Resentment is like a poison you drink yourself and hope the other person dies.
So you sue him, completely cripple him financially which will probably send him back to the bottle if he's sober, and then what? You'll have a bit of money and the knowledge that you got even? And then when your baby wants to know about her family, you'll be able to tell her what? That you can't go introduce her to Grandpa because you sued him? Are those values you are going to want to teach this child? Who knows, maybe Grandpa will meet this baby and be the father figure to her that he wasn't to you. Anyway, you aren't owed child support. You feel cheated of a childhood that included a loving and present father. No amount of money is going to furnish that for you now.
2007-11-05 17:57:29 · answer #1 · answered by je9je9 5 · 2⤊ 0⤋
First of all, he doesn't owe you child support. He owes your mom (or whoever raised you) because she fed you, clothed you, and housed you as a child.
Second of all, if she is able to sue him for child support, and wins, she won't get the money all at once if he doesn't have it. His wages could get garnished, so that a portion of his paycheck goes directly to her until the debt is payed.
Finally, you are an adult now. A lot of people your age struggle with money. If you are in college, consider scholarships, grants, and student loans, as well as part time jobs. If you aren't in college, and have trouble finding a decent paying job, maybe you should go to college, even community college, and live off of student loans until you graduate with a useful degree.
2007-11-05 17:15:45 · answer #2 · answered by jellybeanchick 7 · 0⤊ 0⤋
OK, he's going to owe a butt load of money so he would be required to pay it in parts. But I would not expect to get too much from him. After all, you said he makes enough to pay his bills and that is it.
In Texas, the minimum payment per month is $200. If you plan to use this money for your baby, you'll soon find out that $200 does not go far at all.
Another thing that might happen is if he is unable to pay, he may go to jail. Is that something you really want, all things considered?
Please don't waste your time suing your deadbeat dad. Focus your energy instead on finding a better job or learning some new skills to earn more pay. The process of suing him can be costly itself. I sank $10,000 in my custody battle and the money I get in child support goes straight to my remaining attorney bill for at least a year. Ugh.......
2007-11-05 16:52:48 · answer #3 · answered by Keep on Truckin' 4 · 0⤊ 0⤋
It depends on the laws of your state, whether you can sue him or not. In Florida: "In Bardol v. Martin, 763 So.2d 1119 (Fla. 4th DCA 1999), the Fourth District addressed the right of adult children to sue for child support. The court stated: While the dissent argues the appellants have a common law right to retroactive support, our research reveals no case anywhere in which adult children have successfully maintained a suit against their parents for retroactive support. In fact, it seems there would be good policy reasons why an adult child would not have standing to sue a parent under these circumstances." http://www.divorcesource.com/FL/ARTICLES/hastings1.html
Should you, if you can? Only you can decide that.
If you did and won, you could only get all the money at once if he had it. From your description, he doesn't.
2007-11-05 16:49:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You could or your mother could sue him but you would be hard pressed finding an attorney to take the case. If he is always asking you for money it is evident he has none so what do you get for the money you spend taking him to court. If he was ordered to pay the court system already is looking at him but if he is flying under radar working cash jobs not keeping jobs very long the possibility of getting anything that way are slim to none.
2007-11-05 17:57:02 · answer #5 · answered by debbie f 5 · 0⤊ 0⤋
Guess what, YOU as an individual are not entitled as the recipient for unpaid child support simply because you turned of age and he's no longer obligated. The D.A. will persue the delinquent payments. You personally have no claim. Check your state law. ;)
Child support is levied by the court, awarded in faith to the guardian for the active, general support of the child in care. . In other words, the guardian receives it to assist supporting you. Had the court intended for you to personally receive the allocated funds, a trust account would have been established along with an executor since you were a minor. Then it would have required an agent of the court in concert with your guardian to access the funds and maintain accountability.
Consider yourself "A.O."
2007-11-05 17:01:45 · answer #6 · answered by wtshimmin 3 · 0⤊ 0⤋
Your dad doesn't owe you the child support money. That money was to be paid to your mother or legal guardian to help pay the expenses of raising you. The money is owed to the person who paid for your food, shelter, clothing, toys, school lunches, medical bills or insurance, etc. while you were growing up. Who paid those expenses that were your fathers responsibility? That person should be reimbursed because they stepped in and paid for your support in your fathers absence. All those years your father was "borrowing" their money without their permission. If your father has the money, he should do the right thing and reimburse them the money he has owed them all these years, and if he was a nice guy, he'd pay them interest on it.
2007-11-05 17:03:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Good grief, the money is not owed to you, if it is owed to anyone, it would be your mom, or whoever raised you. If you can't afford it, don't have a child, and guess what, some people actually support themselves the old fashioned way, by getting and holding a job.
2007-11-05 16:55:49 · answer #8 · answered by Cecil n 7 · 1⤊ 0⤋
I believe it depends on the state ...but as far as i know only the spouse or the other parent can file for child support...the child cannot...
2007-11-05 16:51:59 · answer #9 · answered by casinoman_1999 2 · 1⤊ 0⤋
Young lady, have you ever heard of forgiveness? Suing anyone makes you no better than the lawyers waiting in line ready to suck you both dry.
Let it go and get on with YOUR life.
2007-11-05 16:49:26 · answer #10 · answered by Anonymous · 1⤊ 0⤋