I have a 26 year old step son who never met his dad. I raised him since he was 2 years old. We recently found his biological father on Facebook. I want to sue him for back child support. Can I sue? Am I and/or my wife entitled to get any moneys from him? Do I do it in child support court, or civil court? The biological father turned out to be a LOSER, and a Coward.

I never met my father until I was 14. When he showed up again after abandoning me, obviously I wanted nothing to do with him. However, my mother called the police and he was arrested with a few hundred dollar bail to pay to me to get out of jail. That was just the start of it. I am now 20 and he is still paying off the back child support. He doesn't keep a job very often so what the court does is take his income tax and give it to me. Actually, its sort of nice, I mean I know my mom could have used the money when I was younger, but now I am getting money I didn't expect for college. Plus, we got paperwork from the court house that is basically a payment schedule, if he fails to pay a certain amount of money every few months, he goes back to jail. I believe it is domestic relations you want to call, not civil court. So the local courthouse should be able to help you out.

Did you ever file a support order against him? If not, then the likelihood of getting back support is very slim. Most states do not allow support to be backdated beyond the date of filing.

I would recommend consulting a Family Law attorney in your error to find out the feasibility.

Aside to Alesha: Please be careful when answering questions in a legal forum. Answers here need to conform to statutory law. I suspect your mother DID file a support order that your bio father skipped out on and that's why she can collect back support. You can't apply one situation to another person's circumstances.

Well first YOU have no rights at all. The child's mother, may, if she filed for child support years ago, could try and collect the back support due from a old order. But no she can not file now if she never filed before. You can't file at all.

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Originally Posted by alesha8781

I never met my father until I was 14. When he showed up again after abandoning me, obviously I wanted nothing to do with him. However, my mother called the police and he was arrested with a few hundred dollar bail to pay to me to get out of jail. That was just the start of it. I am now 20 and he is still paying off the back child support. He doesn't keep a job very often so what the court does is take his income tax and give it to me. Actually, its sort of nice, I mean I know my mom could have used the money when I was younger, but now I am getting money I didn't expect for college. Plus, we got paperwork from the court house that is basically a payment schedule, if he fails to pay a certain amount of money every few months, he goes back to jail. I believe it is domestic relations you want to call, not civil court. So the local courthouse should be able to help you out.

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This is not the A typical situation. As child support isn't actually owed to the child. The arrears should be going to the mother. So this situation is highly unusual. Something else must have occurred for a child to receive the money.

Well yeah you would have had to have filed for child support in the first place. I'm sorry, I sort of assumed that that was common sense, but I guess it wouldn't be. I apologize. And yes, the arrears do go to my mother, but she gives most of it to me. Child support is supposed to be for paying bills, getting food, clothes etc, not for the child to blow. So she gives it to me to help with my bills now since she doesn't really need it. After all, it would be rather ignorant for her to just keep all of it when both of us suffered. And you are right that it has to be his mother that calls, they won't even tell me anything if I try to call if a payment is late or something. I guess it's not my case? Anyway, I fully feel like an now and I am sorry.

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Originally Posted by alesha8781

Well yeah you would have had to have filed for child support in the first place. I'm sorry, I sort of assumed that that was common sense, but I guess it wouldn't be. I apologize. And yes, the arrears do go to my mother, but she gives most of it to me. Child support is supposed to be for paying bills, getting food, clothes etc, not for the child to blow. So she gives it to me to help with my bills now since she doesn't really need it. After all, it would be rather ignorant for her to just keep all of it when both of us suffered. And you are right that it has to be his mother that calls, they won't even tell me anything if I try to call if a payment is late or something. I guess it's not my case? Anyway, I fully feel like an now and I am sorry.

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The law board is one of the tougher boards because it covers such a wide area and it deals with law so its pretty exacting. But don't let that scare you away. And there are plenty of other sections to amhd.

Don't feel bad, and yes if you read dozens of the posts you will see it is not uncommon for them to ask about filing on adult kids, where they can't, so we don't assume anything unless you tell us ( or we have to assume if you don't)

Also unlike the relationship or family areas, we merely state law, not the handholding and being nice about it. Sort of just facts.

So don't feel bad, you were not sure, and needed to ask, so we helped lead you to a answer

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Originally Posted by alesha8781

After all, it would be rather ignorant for her to just keep all of it when both of us suffered.

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First, I'm sorry if I seemed a bit harsh. I know you were well meaning, but as has been pointed out, the law area has different standards.

Second, I wanted to address the above quote. Since your mom didn't get the support while you were growing up, she laid out the money from her own pocket. So it wouldn't be wrong for her keep the money as reimbursement. So you have a good mom that she is sharing it with you.