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    rkqmllc's Avatar
    rkqmllc Posts: 1, Reputation: 1
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    #1

    Nov 11, 2010, 09:59 PM
    Back child support, can I get it?
    I have recently located my birth mother after 26 years. I am being told whether my father filed for child support when I was younger that I could file for it now and be able to collect from the time that she gave me up to my father till my 18th birthday. Is this possible?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 11, 2010, 11:38 PM

    No.

    Child support is owed to the custodial parent, not the child.

    If he had an order that she pay child support, and she failed to pay, he could possibly enforce it against her. If he he didn't, he can't go after it now. For one thing, the statute of limitations would have long since tolled.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Nov 12, 2010, 04:49 AM
    Quote Originally Posted by AK lawyer View Post
    No.

    Child support is owed to the custodial parent, not the child.

    If he had an order that she pay child support, and she failed to pay, he could possibly enforce it against her. If he he didn't, he can't go after it now. For one thing, the statute of limitations would have long since tolled.
    Lets be clear on the SOL. There is no SOL on child support collection once it has been ordered. But if a person never seeks child support an the child surpasses the age of majority then its too late to suddenly collect.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 12, 2010, 04:54 AM

    Who is telling you this? Also ANY question on law needs to include your general locale as laws vary by area. But it is very rare to allow an adult child to file for and collect back support especially if the custodial parent never filed for support in the first place.

    Also, did your father provide for your needs? If so, then what possible grounds do you have for collecting support?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Nov 12, 2010, 06:56 AM

    And also--you're talking about a birth mother. Were you adopted by a stepmother, or by an adoptive couple? Or did your father just have custody?

    If you were adopted, your birthmother doesn't owe anyone anything, with or without a child support order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 12, 2010, 07:47 AM
    Quote Originally Posted by califdadof3 View Post
    Lets be clear on the SOL. There is no SOL on child support collection once it has been ordered. But if a person never seeks child support an the child surpasses the age of majority then its too late to suddenly collect.
    Right. But assuming it was never ordered, it would be barred by the SOL, not the fact that the child arrived at the age of majority. If, for example, the SOL was 6 years, the custodial parent would have a shot at getting CS for that portion of the past 6 years during which the child was under-age. If, in this case, OP is 26, and the age of majority is 18, the SOL would have to be greater than 8, in order for any of the CS to be not time-barred.
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