Over 18 can I still collect support?

[SweetEmotion00]

What is the name of your state? VA
I recently turned 22 years old and have found my father who lives in CA. He has never paid child support and claims he is not the father, but he has had knowledge that I existed. I am a full time college student, am I or my mother able to sue him for past owed support or anything? Anyones help is greatly appreciated.

 

[stealth2]

You can't sue him for child support. Your mother can possibly go after him (not sure on the statute of limitations) IF there was a valid court order for support. If there was not? She's SOL.

 

[nextwife]

If there was never a legal paternity establishment and a Court order for support, there is no "past owed support". Support is from filing forward.

 

[BelizeBreeze]

This issue is dead. Move on.

 

[DOS2005]

To Sweetemotion00

What is the name of your state? VA
I recently turned 22 years old and have found my father who lives in CA. He has never paid child support and claims he is not the father, but he has had knowledge that I existed. I am a full time college student, am I or my mother able to sue him for past owed support or anything? Anyones help is greatly appreciated.

First of all it was up to your mom to collect support for you when you were a minor. If your father or your mom weren't sure who was your father a paternity test would have had to be done to determine who she could go after for the support . Your mom never collected for some reason and you are 22 years old now. Get a job. Were you provided for or were you living on the street? You can't make your father pay support for you now and it wasn't up to you to do when you were eligible for it either. Some parents don't file for support for whatever the reason. Perhaps they weren't sure of the paternity. Perhaps they held property instead of the non custodial parent paying support so there was no need. If you want a relationship with your father that's nice but if you are just trying to get a free ride now and not have a relationship with him that is just selfish in my opinion.

 

[SweetEmotion00]

Why assuming?

First of all it was a simple question. I did not appreciate some of you making it sound like I want a free ride.. I've been working since I was 16 since my mom could barely support me. The state of VA did try to find him and even notified him of the issue but then my mom stopped getting state aid.. We both spent years looking for him. I've tried to begin a relationship with him, but he rarely responds. I am a full time college student in my 3rd year living off student loans and part time jobs. Sorry but I just think it's unfair for him to just get off scott free. Maybe it is too late, but some of you should be ashamed of responding so harshly.

 

[missing out]

The only thing I can tell you is that if there was never any paternity established you will not get anywhere, but if there was I could help you out as my mother is in the process of doing basically the same to my father whom never paid what he was ordered to pay and I am now 28, I want this for my mother not myself b/c she struggled so hard to take care of me.

 

[stealth2]

then my mom stopped getting state aid.. We both spent years looking for him. <snip> Sorry but I just think it's unfair for him to just get off scott free.

He won't get off scott free - the state WILL collect it's money. But you cannot. And even if your Mom went after him - the state would first get paid back.

 

[DOS2005]

First of all it was a simple question. I did not appreciate some of you making it sound like I want a free ride.. I've been working since I was 16 since my mom could barely support me. The state of VA did try to find him and even notified him of the issue but then my mom stopped getting state aid.. We both spent years looking for him. I've tried to begin a relationship with him, but he rarely responds. I am a full time college student in my 3rd year living off student loans and part time jobs. Sorry but I just think it's unfair for him to just get off scott free. Maybe it is too late, but some of you should be ashamed of responding so harshly.

Sorry if I offended. I am actually a paying supporter yet never have gotten my visitations or time with my kids because my Ex interferes with us constantly having a normal relationship. So I am on the opposite side of the coin and have no recourse either. I have taken him back to court and won 3 contempt suits. Nothing ever happens to him accept he gets fined and a slap on the wrist, told to shape up and do what our court orders specify and then a week later it's back to the interference again. ITS BS! that I can't just have him arrested after so many wins in court. The only ones suffering are me and the kids, not him. I really hope that someday the kids do make him pay as he has made us pay so dearly.

 

[Phnx02]

Then you need to address this with your mother. It's not up to you to decide. It never was and never will be. It was up to your mother, which she obviously decided not to pursue. Blame her -- NOT your alleged biodad.

Like BelizeBreeze said...this issue is dead.

The original poster indicated his mother DID pursue collection efforts, but dad was always in hiding. Poster has all the right in the world to feel "jipped" out of support (and a relationship).....whether or not the mother pursued an order.....his father willingly abandoned his parental responsibilities and went on the run. The blame is on him for being a deadbeat dad.

Poster cannot sue his dad directly for back child support because this was money owed to his mother. However, the mother CAN continue collection efforts by getting a judgement agaisnt her ex. Yes, an original order must have been established to do this. But if the state ever attempted collection, then an order was made by them. Go to www.supportguidelines.com to learn your state's Statute of Limitations to do this. If get a judgement before the SOl expires, the ex owes this debt until death.
If CS is ever collected, the state will be reimbursed their portion first, but the remainder goes to the mother.

 

[SweetEmotion00]

Thank you

Well thanks to some of you who gave me some information. Without luck I am still attempting to at least meet my "father" once. And for a couple people my mom did try to find him and when VA did find him they never would disclose any of the information to us, wich I believe is a great injustice for states to be more concerned with thier profit first, but that will never change. I didn't even KNOW that VA contacted him until I found him and HE TOLD ME, and yet he still made no move to get to know me. It's not the money I want, it's for him in some way to take responsibilty and at least acknowledge me. Thanks again.