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View Full Version : Past child support from biological father


amespinoza01
Dec 20, 2007, 11:07 AM
Hello,
My daughter is 6 years old. My husband adopted her this past October. The biological father of course doesn't have any rights over her anymore. My question is the following: Would I be able to sue him for the time that he did have rights over her and never paid child support and had a court order to pay.

ScottGem
Dec 20, 2007, 11:12 AM
If there was a court order for support and it was not paid, then you can sue him for the arrears up to the time the adoption was finalized. However, if there was no support agreement I don't think you can institute one now, but I could be wrong on that.

macksmom
Dec 20, 2007, 12:01 PM
I think Scott is right... if there never was a court order for child support, I doubt you can do anything now.
If there was a court order and the bio father had any amount of arrearages he should be held responsible, but I would have thought that issue would have been discussed during the adoption.