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-   -   Can I file for back child support after 18? (https://www.askmehelpdesk.com/showthread.php?t=331948)

  • Mar 21, 2009, 01:44 AM
    dgibsoneyu
    Can I file for back child support after 18?
    Can I file for back child support after my child reaches the age of 18? He will be 18 in May. We are adopted parents and his father has not paid child support for 12 years. I never filed for child support but now I could really use the help.
  • Mar 21, 2009, 04:08 AM
    stevetcg

    You adopted your child? If so, you are due no support. Adoption assumes full responsibility for the child.
  • Mar 21, 2009, 04:50 AM
    ScottGem

    Is the father you refer to the adoptive father or the bio father? Once you adopt, the bio father no longer has a responsibility. However, if you adopted then split up the adoptive father would be responsible for child support.

    However, you may not be able to make it retroactive. State laws vary so you should contact a local attorney.
  • Mar 21, 2009, 12:23 PM
    cadillac59

    The answer is no probably for two reasons: one, as others stated, when you adopt you take on the responsibility for support; second, in most places I've heard of (California is one example) you can never get support for any period before the date an action is filed seeking support. So if there was never an action filed before it's too late (this assumes, of course, that you had never adopted).

    The more interesting question would be what about CS arrears that accrued before the date of adoption? Hum. I would think you could collect those but I've never seen that come up before (of course if adoption were with the consent of the parent owing arrears I would imagine that the guy would have been smart enough to have made his consent contingent on a waiver of right to collect arrears).
  • Mar 21, 2009, 05:21 PM
    dgibsoneyu
    Revised Can I file for back child support from adopted father after child reaches 18.
    Can I file for back child support after my child reaches the age of 18? He will be 18 in May. We are adopted parents and his adopted father has not paid child support for 12 years. I never filed for child support but now I could really use the help.
  • Mar 21, 2009, 05:30 PM
    Fr_Chuck

    No, once they reach 18 you can no longer file, you may file before they turn 18 if you have never filed before.

    I would ask, ( as the court may) why for 12 years have you never filed. And I will assume never got a court custody order, since normally they will require child support.

    If you had already had a support order in place, you could still enforce and get back pay at that point.

    Remember if you never had a court order, he has never owed any support since there was no order in place.
  • Mar 21, 2009, 05:30 PM
    twinkiedooter

    File now before he reaches age 18. Is there a child support order in place and he just hasn't been paying it?
  • Mar 21, 2009, 06:13 PM
    ScottGem

    First, please do not start a new thread for a follow-up. I've merged your threads for you.

    Second, I believe you were answered that you can't ask for retroactive support.

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