suing my father

[Hopem]

What is the name of your state (only U.S. law)? New York

I am 20 years old and i met my father when i was 18 due to the fact that when him and my mother were together he left her when she got pregnant, during this time period my father was using a last name that was not legally his but my mother did not know that until i contacted his brother at the age of 18 and finally met him, this is when i found out he had to switch back to his legal last name in order to get married to his wife. My mother tried to find him for child support purpose's but due to the fact the last name she knew was not legal it was impossible. So can i sue him for the amount of child support he owes me for the last 18-20 years?

 

[justalayman]

No, you cannot sue him for anything. He wouldn't owe you anything. Your mother is the person that got shafted here.

 

[Hopem]

can she?

can my mother?

 

[Alex1176]

can my mother?

Is there any court order in place according the CS?

 

[Hopem]

i believe my mother has contacted someone and they sent her something to mail to him about a paternity test so we could move forward i just want to know if im wasting my time because i waited 18 years to meet an ******* who doesnt care at all so i would not want to go ahead and have the judge rule in his favor

 

[mistoffolees]

i believe my mother has contacted someone and they sent her something to mail to him about a paternity test so we could move forward i just want to know if im wasting my time because i waited 18 years to meet an ******* who doesnt care at all so i would not want to go ahead and have the judge rule in his favor

If paternity was never legally established and you're now 20, Mom is mostly out of luck.

She can establish paternity and file for CS, but that's likely to end when you turn 21 - so she's looking at a relatively short period of time that she could receive support (it is unlikely to be retroactive to before she filed).

The fact that a person uses a different name won't prevent someone from tracking them down if they want to make an effort. She's had 20 years to track him down and file for support. Why is she suddenly interested in doing it now?

Oh, and btw, you're old enough to understand that you're only hearing one side of the story - and that's generally not a good idea. For all you know, Dad could have been trying for years to get in touch with you and Mom prevented it. Don't jump to conclusions.

 

[Hopem]

When i met him he told me his side of the story also and it was the same story my mom told me...he just didnt want anything to do with me were interested now because he laughs at the fact he never had to drop a dime to pay for me and is more worried about the children he has with his crazy wife...those were his words

 

[mistoffolees]

When i met him he told me his side of the story also and it was the same story my mom told me...he just didnt want anything to do with me were interested now because he laughs at the fact he never had to drop a dime to pay for me and is more worried about the children he has with his crazy wife...those were his words

Seems pretty unlikely, but even if true, you still can't sue him.

And if Mom never filed for support when you were a minor, that's her choice, not his. She's not going to get retroactive support.