My husband fathered a son in 1988, the mother refused to put him on the birth certificate. He took care of his son until he was 3, then the mother picked him up one day and never returned, he could not locate them and since he wasn't listed as the father had no rights. After we met I started to search and found the mother. That day the son was leaving for iraq, he is back in the states now but hasn't contacted his father yet. He is now 21yrs old. The mother called today and said she would like to put my husbands name on the birth certificate, which would be wonderful, then she added that she isn't looking for back support. Now that makes me think she is. She was a drug addict and didn't take very good care of the boy and he was in foster care and taken care of by relatives. My husband loved his son and would have gladly taken care of him if he hadn't been taken away by the mother. My question is will he have to pay back child support. We do not have any money, barely enough to support ourselves. What can happen?

No, the question your husband has to ask himself, is does it really matter now, can't he just have a relationship with his son without his name being on the birth certificate ? That would make your question a moot point and you wouldn't have to worry about the possibility of paying back child support, if it really could happen. In other words, don't make problems where there aren't any.

Tick

Even if SHE doesn't go looking for back support, the STATE might, especially if she used any welfare programs.

She would have a statute of limitations problem for most if not all of the child support.

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Originally Posted by AK lawyer

She would have a statute of limitations problem for most if not all of the child support.

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No. This is incorrect. There is not statue of limitations so long as an order had existed. If there are arrears owed then they remain for a lifetime and beyond.

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Originally Posted by califdadof3

No. This is incorrect. There is not statue of limitations so long as an order had existed. If there are arrears owed then they remain for a lifetime and beyond.

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I see no indication in the original post that a child support order ever existed, or that any court proceeding ever occurred.

I question whether the mother can put the father's name on the birth certificate of an adult child.

I can't find anything addressing this. Anyone know?

The possibility exists that something could have been ordered if the mother as stated ( we don't really know ) was a drug addict and could have relied on the state for welfare. We don't know the exact situation of the OP. We can only guess. But the suggestion of a statue of limitations does not apply. There is a time limit for asking for child support. That would be the age of majority for the child. If the party hadn't acted upon it by then there would be nothing to collect. In this case should an order exist it's a whole other ball game going on.

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Originally Posted by JudyKayTee

I question whether the mother can put the father's name on the birth certificate of an adult child.

I can't find anything addressing this. Anyone know?

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The mother may have to give her permission seeing as how she would know the father unless you do a DNA test and "prove" a person the father then request from the courts an order to modify the existing Birth Certificate. Since it is a legal document it can and should only be modified through the courts.

There was never an order for support since the mother took their son an disappeared.

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Originally Posted by JudyKayTee

I question whether the mother can put the father's name on the birth certificate of an adult child.

I can't find anything addressing this. Anyone know?

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Like so many questions, I believe it depends on the statutes of the specific state. Probably requires some sort of a court proceeding.

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Originally Posted by LADYTRAPPER

there was never an order for support since the mother took their son an disappeared.

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SHE may have never filed for support. HOWEVER--if she was on ANY form of Welfare, and named him as the father (even without contacting him or putting him on the birth certificate)--the STATE may have filed a support order for reimbursement of the funds she used while on welfare.

Basically, if she named a father when she applied for welfare (and in some states you HAVE to do so in order to receive support), then the STATE goes after him for child support, even if she didn't/doesn't.

It comes down to the taxpayers not paying for other peoples' kids.

So--while SHE may have disappeared, and never filed a support order--the state she received state aid from MIGHT have.