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daniel78753 · May 5, 2011, 07:26 AM

Can a 18 yr old sue for child support if the father never knew he even existed. The father was contacted 2 weeks after the child turned 18 and said hey I am your kid my mom never told you I existed. Can he sue his paternal father for back child support

AK lawyer · May 5, 2011, 07:36 AM

No. The mother had the right to seek a decree that the father pay child support. If she had, the support would have been owed to her, not to the child himself.

"Paternal father"? As opposed to what? Maternal father?

daniel78753 · May 5, 2011, 07:38 AM

I got a letter from a 18 yr old boy who claims he is my son, in the letter ke acknowledged his mom was given money to get a abortion but decided not to and raised him on her own . My question is now that he knows who I am and I know who he is does he have a legal right to file support on me. He is still in high school but turned 18 2 weeks ago

JudyKayTee · May 5, 2011, 08:07 AM

What State? No, he can't apply for child support. His mother can until he reaches the age of majority (usually 18 but need to know where you are).

daniel78753 · May 5, 2011, 08:08 AM

I am in Texas , we dated when both lived in Colorado, he has for last 16 yrs resided in Ohio

JudyKayTee · May 5, 2011, 08:44 AM

I Ohio he is considered to be an adult at age 18 OR when he graduates from high school.

No one can attempt to collect child support from you now. Of course, if there's an Order for support the mother can attempt to collect from you but it sounds like there was never such an Order.

Just for your own peace of mind have you considered DNA testing?

daniel78753 · May 5, 2011, 08:47 AM

My current wife and I have considered dna testing but are afraid to as he just turned 18 and is still in high school until June.

daniel78753 · May 5, 2011, 08:54 AM

Could his mother gotten a child support court order without paternity or my knowledge?

JudyKayTee · May 5, 2011, 09:00 AM

Legally, in an ideal world, no, she could not - however, I've seen bad service in the past.

That's with paternity determined.

In your case paternity would need your DNA. Without that DNA positive test support would not be ordered. The Court won't take a chance that you're the wrong guy.

If you never had DNA testing there could be no Court ordered support.

You don't have to worry about him being legal age. It's 18 OR out of high school. He's 18 so he's a legal adult.

You must be shocked. I'd be speechless. We had a similar question in NY about 2 years ago. Female child located father, went to Court, got DNA, her mother got Court-ordered support, turned 18 two months later, support ended. I think she and her mother went through the procedure to prove a point (although I must admit I'm not sure what that point is). This has nothing to do with you but I am sympathetic to what you are going through.

daniel78753 · May 5, 2011, 09:02 AM

Thank you for all your help in this.

AK lawyer · May 5, 2011, 09:05 AM

Originally Posted by daniel78753

my current wife and i have considered dna testing but are afraid to as he just turned 18 and is still in high school until june.

Well, technically under Ohio statute there is that possibility:

"3119.86 Continuing support obligation beyond child's eighteenth birthday.
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:

(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:
...
(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen." Lawriter - ORC - Chapter 3119: CALCULATION OF CHILD SUPPORT OBLIGATION - HEALTH INSURANCE COVERAGE

But if the mother hasn't sought CS now, do you really think she would wait until the last possible month to do so?

Originally Posted by JudyKayTee

... You don't have to worry about him being legal age. It's 18 OR out of high school. He's 18 so he's a legal adult. ...

But CS can in theory still be payable. See above.

cdad · May 5, 2011, 01:19 PM

Originally Posted by JudyKayTee

Legally, in an ideal world, no, she could not - however, I've seen bad service in the past.

That's with paternity determined.

In your case paternity would need your DNA. Without that DNA positive test support would not be ordered. The Court won't take a chance that you're the wrong guy.

If you never had DNA testing there could be no Court ordered support.

You don't have to worry about him being legal age. It's 18 OR out of high school. He's 18 so he's a legal adult.

I have a slight problem with this here. Although DNA is a popular thing in these days and times it wasn't like that 18 or so years ago. It is possible that there could be an order against the OP based on laws that were in effect 16-18 years ago. Dna is only a more recent court approved method.

AK lawyer · May 5, 2011, 01:45 PM

Originally Posted by daniel78753

could his mother gotten a child support court order without paternity or my knowledge??

Is it possible? Theoretically.

Would it have been legal? There are only some very limited circumstances under which this could have happened (service by publication, primarily; if she swore under oath that didn't know where you were, she might have been allowed to do that).

But let's not get paranoid here: No one has suggested that there is any such order, right? So let's get back on track. As far as you know, there is no order in place. Therefore it is extremely unlikely that the mother will be seeking to collect child support. And, to answer your original question, CS is not awarded to the child instead of his mother.

JudyKayTee · May 5, 2011, 02:33 PM

Originally Posted by califdadof3

I have a slight problem with this here. Although DNA is a popular thing in these days and times it wasnt like that 18 or so years ago. It is possible that there could be an order against the OP based on laws that were in effect 16-18 years ago. Dna is only a more recent court approved method.

Good point - I'm off to research how long DNA has been recognized/admissible.

AK lawyer · May 5, 2011, 02:59 PM

Originally Posted by JudyKayTee

Good point - I'm off to research how long DNA has been recognized/admissible.

I can recall litigating paternity, using DNA testing, more than 20 years ago. More like 25, now that I think about it.

But I suppose the better question would be under what circumstances such testing would have been required 18 or so years ago.

cdad · May 5, 2011, 04:19 PM

This is the oldest I can find as far as being allowed as evidence in a criminal court. 1987

The Dna Revolution - The Dna Wars Are Over | The Case For Innocence | FRONTLINE | PBS

cdad · May 5, 2011, 04:26 PM

Here is when it first started to appear in a family court setting per State.

Divorce Source: Paternity Issues: State Case Law

Not sure yet when became mandatory ?

AK lawyer · May 5, 2011, 04:53 PM

Originally Posted by califdadof3

Here is when it first started to appear in a family court setting per State.

Divorce Source: Paternity Issues: State Case Law

Not sure yet when became mandatory ?

Seems to be mainly criminal cases in that link.

ScottGem · May 5, 2011, 04:57 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

As noted Child support is for the mother to help raise the child. If the mother decided not to pursue support, that was her decision and the child cannot do anything about it now.

There is a caveat here. If the mother ever got public assistance to help support the child, the state may come after you to reimburse what they paid.

Did he indicate how he found you? If the mother knew where you were all this time, then its unlikely a support order was ever entered.

You have a decision to make here. You can tell this person that you have no desire to have any contact with him or you can decide to be a belated father. If you chose the latter, you should first find out why he contacted you and what he wants from you.

Fr_Chuck · May 5, 2011, 07:11 PM

Also one has to consider so many factors, did the child's mother before OR now, receive welfare or other government benefits where the state may have claim for repayment ?

And could the mother filed for custody and support years ago, after she lost contact with you and there be a 15 year old support order you don't know about.

But there is nothing you can do or not do that would stop these payments, if the mother has or will do anything, she knows where you are now and can do it if they want. You having or not havingg contact will not effect it at all.