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    gegedox2008's Avatar
    gegedox2008 Posts: 1, Reputation: 1
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    #1

    Dec 21, 2009, 09:09 PM
    Can I sue for back child support if there is no court order?
    The father fled the country after I was pregnant 24 yrs ago , he is now back in U.S. a court order was never granted because he fled the country and I was already married. Can I sue him now that he is back in the US.. he denies being the father of course,
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 22, 2009, 05:57 AM

    You can't sue for support after the "child" is an adult. If the "child" is now 24 you cannot sue.

    You also cannot sue for back support. You could have sued him at the time, gotten a Judgment and waited until now to enforce it but it's too late now.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Dec 22, 2009, 01:01 PM

    Very simple answer, no.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Dec 22, 2009, 03:53 PM

    You should have done like JudyKT said. Now it's more than too late. It's moot.

    And we get paid by the fancy words we use as well. Ten points for big, fancy words Judy.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Dec 22, 2009, 03:56 PM

    Did you attempt through the courts to collect child support from him at an earlier date and that is when he fled ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 22, 2009, 04:07 PM
    Quote Originally Posted by gegedox2008 View Post
    a court order was never granted because he fled the country
    I'm intrigued by the word "granted". That could mean that you filed but it was dismissed because he was out of the jurisdiction. If you did file a court action for support you MAY (and it's a longshot) be able to revive that order to collect back support now. The key to this is the official disposition of the original court case. However, if there was no case then you cannot get support prior to the time you file for support. And you can no longer file since the child is now an adult.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Dec 22, 2009, 04:13 PM
    Quote Originally Posted by ScottGem View Post
    I'm intrigued by the word "granted". That could mean that you filed but it was dismissed because he was out of the jurisdiction. If you did file a court action for support you MAY (and its a longshot) be able to revive that order to collect back support now. The key to this is the official disposition of the original court case. However, if there was no case then you cannot get support prior to the time you file for support. And you can no longer file since the child is now an adult.
    BINGO!. that's my line of thinking too. If it were started and he fled to avoid we are talking about something completely different then having NEVER filed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Dec 22, 2009, 05:07 PM

    I see it as he fled the country, she was already married (which I took to mean she was married to someone else at the time she got pregnant), there was no possibility of DNA and, therefore, it was not granted.

    Hopefully OP will come back and tell us.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Dec 22, 2009, 05:16 PM

    To get a proper answer you will need to come back and give us more info.

    I don't understand a person who comes and posts and does not come back to check their answer
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #10

    Dec 22, 2009, 07:11 PM

    I too read the married part which I was also thinking to another man. In which case the "bio dad" would first have to be proven the father and I don't see a judge ordering a DNA test at this point.

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