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    linziedawn122's Avatar
    linziedawn122 Posts: 2, Reputation: 1
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    #1

    Jul 9, 2012, 02:39 PM
    How to collect child support if it was never filed for
    My fiancé is trying to collect child support from his biological father whom he has never met. He is 18 and has never received anything from his father. The man divorced his mother after she found out she was pregnant with him. He was giving his mothers maiden name and the father is not on his birth certificate. How does he go about collecting chil support from his biological father whom he has never met and does not carry his last name?
    Gamed's Avatar
    Gamed Posts: 269, Reputation: 29
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    #2

    Jul 9, 2012, 02:47 PM
    He needs to
    Find him and get a ferternity test then his mother can go to court to get a judgement that will force him to pay child support until he's 21, but since it took you 18 years to file for this your odds of even getting a settlement are lowered.
    linziedawn122's Avatar
    linziedawn122 Posts: 2, Reputation: 1
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    #3

    Jul 9, 2012, 03:05 PM
    Quote Originally Posted by Gamed View Post
    He needs to
    Find him and get a ferternity test then his mother can go to court to get a judgement that will force him to pay child support until hes 21, but since it took you 18 years to file for this your odds of even getting a settlement are lowered.
    Is that an Alabama law or is it for all states? His father lives in Florida and we live in Alabama, and how would he go about getting a ferternity test?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 9, 2012, 03:06 PM
    Quote Originally Posted by Gamed View Post
    He needs to
    Find him and get a ferternity test then his mother can go to court to get a judgement that will force him to pay child support until hes 21, but since it took you 18 years to file for this your odds of even getting a settlement are lowered.

    Please don't answer if you don't know, we pride ourself in good answers.

    First the boy can not do anything, it is not his place nor does he have legal standing.

    First in many places support ends at 18, and in others only to 21 if they are still in college, So I don't see he can even qualify with info given. Next his mother has to file, the boy can do nothing.

    Also what settlement, in almost no where is back support allowed, so even if he got support for being in college for the next few years that is it.
    Gamed's Avatar
    Gamed Posts: 269, Reputation: 29
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    #5

    Jul 9, 2012, 06:17 PM
    Quote Originally Posted by linziedawn122 View Post
    Is that an alabama law or is it for all states? His father lives in Florida and we live in alabama, and how would he go about getting a ferternity test?
    Well in New York state this is how it happened my mother got a blood test taken by having my fathers blood sent to my hospital your boyfriends mother would have to go to the court give them the details and then they would contact him. If you couldn't get to each other blood can be shipped in between hospitals like a package. That part is only if the father denies or has doubts that's his child. Then your mother can go to court were she can request child support until your boyfriends 21, or is out of his mothers care/no longer attending school (laws can varry between states in New York I'm still under my mothers care after I'm 18 so child support is still paid. Same goes for if your still attending school.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 9, 2012, 07:05 PM
    Quote Originally Posted by Gamed View Post
    Well in new york state this is how it happened my mother .
    Welcome to AMHD. It is very nice that you want to help our members. But we pride ourselves on the accuracy of the advice we give here. And thinking that what applied to you in one state applies in other states. In doing so you gave the OP wrong advice. Please be more careful when answering questions.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 9, 2012, 07:09 PM
    Quote Originally Posted by linziedawn122 View Post
    Is that an alabama law or is it for all states? His father lives in Florida and we live in alabama, and how would he go about getting a ferternity test?
    Child support is paid to the custodial parent. A child has no option to collect support if the custodial parent never filed. Your boyfriend is not going to collect anything. However, AL law does allow a parent to collect up to age 19 so there still maybe time for her to file. However, if she does, SHE gets the money not him.

    His mother would have to go to court and file for child support. If the father denies paternity the court will order a test. If its positive they may roder support which would then be paid to his mother.

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