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-   -   Can my mother sue my father for 18 years of child support? (https://www.askmehelpdesk.com/showthread.php?t=270043)

  • Oct 16, 2008, 10:49 AM
    dudegio
    Can my mother sue my father for 18 years of child support?
    I had just found my father after 19 years . When I was born my mother asked him if he wanted to hold her son and he said I wasn't his but held me anyway. Then my mother moved from Texas (where I was born) to Illinois, where I lived my entire life not knowing who he was.
    My mother lookied for him numerous times but could not find him. Finally after 19 years I found him myself online.
    My mother asked him for a small loan and he declined her request. Now she wants to take legal action for the 18 or 19 years of child support.
    He was not put on the birth certificate but wants to be put on immediately
    What can she do
    Please help.

    Gio:)
  • Oct 16, 2008, 10:51 AM
    ScottGem

    She needs to get an attorney. There is certainly the possibility of suing for back support, but whether it would be successful depends on a lot of factors. Better to get an attorney to advise her.
  • Oct 16, 2008, 10:51 AM
    JudyKayTee
    Quote:

    Originally Posted by dudegio View Post
    I had just found my father after 19 years . when i was born my mother asked him if he wanted to hold her son and he said i wasnt his but held me anyways. then my mother moved from texas (where i was born) to illinois, where i lived my entire life not knowing who he was.
    my mother lookied for him numerous times but could not find him. finally after 19 years i found him myself online.
    my mother asked him for a small loan and he declined her request. now she wants to take legal action for the 18 or 19 years of child support.
    he was not put on the birth certificate but wants to be put on immediately
    what can she do
    please help.

    gio:)



    He would have to petition the Court to be declared your legal father. The Court would order DNA testing.

    Your mother can always go to Court and claim for years and years of child support - I'm not sure she can collect.

    I don't know why your mother would ask him for a "small loan" after about 18 years of no contact - ?

    There is someone in NY right now who posts who located her father after (I believe) 18 years and her mother has filed for past-due support and the Court is entertaining the request, pending the results of the DNA tests.
  • Oct 16, 2008, 11:00 AM
    dudegio

    And I will add we already took a dna test he is 99.999 my father
    They were never married
  • Oct 16, 2008, 11:01 AM
    JudyKayTee
    Quote:

    Originally Posted by dudegio View Post
    and i will add we already took a dna test he is 99.999 my father
    they were never married



    Then all she has to do is go to Family Court - or the Court that handles these matters in your area - and file.

    Is there a support order and he never paid or is there no order?
  • Oct 16, 2008, 11:26 AM
    stinawords

    Was this a court ordered DNA test? If not the court will want another one. I ask because it is standard that after the results of a court ordered DNA test comes back possitive the judge orders that he be added to the because and orders support. In some states she has passed the time limit on being able to collect child support because you are over 18 and there wasn't an order put in place while you were still a minor.
  • Oct 16, 2008, 03:08 PM
    Fr_Chuck

    In many states there is a statue of limitation on how many years you can go "back" on. So it is very possible that they can get some support but I am not sure they will allow all 18 years.
  • Oct 17, 2008, 10:30 AM
    dudegio

    No he did it on his own free will
    He bought the test.

    He also wants to be put on the certificate
    It turns out he is a very wealthy man who owns many businesses and he very well does have money

    Only he says that he owes my mother nothing because she is only a lady he had a child with

    Dead beat or what?
  • Oct 17, 2008, 10:36 AM
    ScottGem

    He owes your mother for his share of what she paid over the years providing food and shelter for his child. If he doesn't understand that moral responsibility whether its affirmed as a legal responsibility or not, then yeah he's a dead beat.
  • Oct 17, 2008, 10:50 AM
    stinawords

    All your mother can do is get a lawyer or even call and see what the statute of limitations is in your state. The court won't accept that test so another one will have to be done your mom and you (because you are no longer a minor can say no I'm not putting you on the because until you take us to court to have paternaty establised and the change is ordered.
  • Oct 17, 2008, 11:47 AM
    JudyKayTee
    Quote:

    Originally Posted by dudegio View Post
    no he did it on his own free will
    he bought the test.

    he also wants to be put on the certificate
    it turns out he is a very wealthy man who owns many businesses and he very well does have money

    only he says that he owes my mother nothing because she is only a lady he had a child with

    dead beat or what?


    Just out of curiousity - why didn't your mother pursue him before?
  • Oct 17, 2008, 11:50 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee View Post
    Just out of curiousity - why didn't your mother pursue him before?

    She did say:
    Quote:

    Originally Posted by dudegio View Post
    my mother lookied for him numerous times but could not find him.

  • Oct 17, 2008, 11:52 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    She did say:



    I wondered why she didn't go to Court and let the Court look for him - I did see that she couldn't find him. I should have phrased in some other manner. Sorry.

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