Hi!

Just wanted to find out if and how I can get my son's biological father for retro Child Support.

My husband adopted my son in 2003. The biological father is not on the birth certificate nor has he been an active role in my son's life.

I understand that I must establish paternity first, but does my son still have a chance to get retro pay of child support from the time he was born in 1992 to the date of his adoption?

Please help, I want to start proceedings but don't know if the adoption terminated his chances of getting retro child support.

Thanks,
SonsRequest

Not likely. Since your son has been adopted, the eyes of the law see him as the son of your new husband.

I cannot help but to state that I am disappointed by this effort to pursue for something as simple as money from the biological father. No offense, but you have done just fine without the biological father. Why do you all of a sudden now need support money?

XenoSapien

As for my title name SonsRequest, I figured it says it all.

My son overheard a family member asking me why I had not filed for child support and that even though he was adopted he could still get retro. So he asked me to look into it.

I figured since he will be graduating soon and that right now we are in a financial bind, the money could help with college.

Then please allow me to respectfully retract any insinuation upon you that I thought that it was you pursuing. Please forgive me.

In respects to your question, it's not likely, but you can fight. I wish you luck.

XenoSapien

You should be able to get arrearages from the time of birth until the time of the adoption. You'll need to get the court to order a DNA test and issue an adjudication of paternity.

s_cianci - with respect to you but... your answers in Family LAW are emotional.Think LEGALY about this situation... if SonsRequest to retroactive child support is allowed, the court has to order DNA test and to ESTABLISH that he is the FATHER... After that he will be able to re-open and contest adoption and I am pretty sure the court will grant him all parental rights for custody and parental time... Also he can state a case that has never been informed about it and to sue her in civil court for emotional damages.From lower court to Supreme court-it is about 5 years...
SonsRequest-In my opinion you had to ask for support in 1992... and maybe you must teach your son how to earn money not to sue for them.