Suit For Back Child Support Possible?

[AutoT]

What is the name of your state (only U.S. law)? I live in Kentucky. Child & Guardian live in Tennessee.

My Daughter turns 18 in January of 2012.

My name is not on her birth certificate.

There never has been an official DNA test proving I am her biological Father.

There never has been court ordered child support.

HOWEVER:

There is no dispute on whether she is my Daughter. I have never questioned her paternity and have always accepted her as mine. (she was born when I was only 16).

There was a verbal agreement and arranged child support payment between myself and her Mother/Grandmother which I have ALWAYS paid for the last 17 years every month.

I have pictures of my Daughter and I proving I have been constant throughout her life-I have always visited and spent time with her. I always attended birthdays, family functions, graduations, had her for extended periods on school breaks, etc.

I have reciepts proving I have bought her clothes, gifts and other things she may have needed. I also have copies of child support checks I have sent her Grandmother and Western Union reciepts I have sent directly to my Daughter.

Her Mother is threatening to sue me and have me investigated for back child support....is this even possible considering the facts stated above??

I forgot to add:

My Daughter's Mother does NOT have legal custody of her and she hasn't for the majority of her life. Her Mother, my Daughter's Grandmother has legal custody.

The Grandmother who has legal custody of my Daughter has not actually had my Daughter living with her for many, many years yet collects a TN State Welfare check for her and my Daughter does not benefit from it, she was living with her Aunt (Mothers Sister) and now is currently living with her Boyfriend and his Mother, as they allowed her to move out saying I had no consent and hid this from me for months. Since I have no legal custody of my Daughter I am virtually powerless yet I have remained supporting her. I also pay for her car insurance.

 

[LillianX]

Don't worry. You can't be held liable for child support from before a support claim is filed.

 

[mistoffolees]

What is the name of your state (only U.S. law)? I live in Kentucky. Child & Guardian live in Tennessee.

My Daughter turns 18 in January of 2012.

My name is not on her birth certificate.

There never has been an official DNA test proving I am her biological Father.

There never has been court ordered child support.

HOWEVER:

There is no dispute on whether she is my Daughter. I have never questioned her paternity and have always accepted her as mine. (she was born when I was only 16).

There was a verbal agreement and arranged child support payment between myself and her Mother/Grandmother which I have ALWAYS paid for the last 17 years every month.

I have pictures of my Daughter and I proving I have been constant throughout her life-I have always visited and spent time with her. I always attended birthdays, family functions, graduations, had her for extended periods on school breaks, etc.

I have reciepts proving I have bought her clothes, gifts and other things she may have needed. I also have copies of child support checks I have sent her Grandmother and Western Union reciepts I have sent directly to my Daughter.

Her Mother is threatening to sue me and have me investigated for back child support....is this even possible considering the facts stated above??

I forgot to add:

My Daughter's Mother does NOT have legal custody of her and she hasn't for the majority of her life. Her Mother, my Daughter's Grandmother has legal custody.

The Grandmother who has legal custody of my Daughter has not actually had my Daughter living with her for many, many years yet collects a TN State Welfare check for her and my Daughter does not benefit from it, she was living with her Aunt (Mothers Sister) and now is currently living with her Boyfriend and his Mother, as they allowed her to move out saying I had no consent and hid this from me for months. Since I have no legal custody of my Daughter I am virtually powerless yet I have remained supporting her. I also pay for her car insurance.

Same answer as the last million times this question is asked.

Child support is not legally required unless there's a court order (which requires that paternity be established).

In most states, child support will not normally be ordered retroactively. Unfortunately, TN is an exception and they can order retroactive child support, although there are a few exceptions:
Retroactive Child Support Dating Back to Birth Not Automatic in Tennessee - Tennessee Divorce Attorney Blog

Since grandma has been receiving welfare, the state could order you to pay that back, as well. However, if you can prove that the child was not living with grandma, then grandma could be convicted of welfare fraud.

In either case, if you have receipts of payments, it MIGHT help to ameliorate the cost.

Why haven't you filed for custody over the years?

 

[AutoT]

Thank you,

I had figured it was not possible to be responsible for "back child support" since there was never a legally issued child support payment in play.

However, I was curious if someone can wait until the child is 18 to even attempt to file a suit for child support anyway? If there was a statue of limitations in place?

 

[Ohiogal]

How did grandma get legal custody WITHOUT suing both YOU and the child's mother for custody? Legally, paternity should have been established at the time grandma sued for legal custody.

 

[AutoT]

This is all so very hard to explain because it's quite complicated and confusing...

I was only 16 when my Daughter was born, her Mother was 22 and married. The Mother's Husband signed my Daughter's Birth Cetificate, therefore making him the legal Father and giving her his last name.....the Mother eventually went to jail and was deemed unfit. I was not involved in the process of recovering custody of my Daughter because the courts recognized her Mothers Husband to be the Father, not me.

 

[AutoT]

So Grandma did not sue for custody, she was granted custody by the state and while all of this was going on, nobody had notified me and they had purposely kept me out of it.

 

[TheGeekess]

This is all so very hard to explain because it's quite complicated and confusing...

I was only 16 when my Daughter was born, her Mother was 22 and married. The Mother's Husband signed my Daughter's Birth Cetificate, therefore making him the legal Father and giving her his last name.....the Mother eventually went to jail and was deemed unfit. I was not involved in the process of recovering custody of my Daughter because the courts recognized her Mothers Husband to be the Father, not me.

Then, LEGALLY, you DON'T HAVE a daughter. Mom's husband is DAD. You can't be sued for somebody else's child support.

 

[mistoffolees]

Thank you,

I had figured it was not possible to be responsible for "back child support" since there was never a legally issued child support payment in play.

However, I was curious if someone can wait until the child is 18 to even attempt to file a suit for child support anyway? If there was a statue of limitations in place?

Don't worry. You can't be held liable for child support from before a support claim is filed.

Those statements are incorrect. In TN, it IS possible to collect retroactive child support. See the link I provided or google 'retroactive child support tennessee'.

Then, LEGALLY, you DON'T HAVE a daughter. Mom's husband is DAD. You can't be sued for somebody else's child support.

That part is totally true.

 

[TheGeekess]

So Grandma did not sue for custody, she was granted custody by the state and while all of this was going on, nobody had notified me and they had purposely kept me out of it.

They didn't have to tell you about it, include you in any decision or anything else since Mom's HUSBAND is DAD, not you.

 

[AutoT]

Okay,

So basically, even though I have ackowledged this girl as my Daughter, been a part of her life, and paid my agreed upon (non legally ordered) child support for the last 17 years......I can not be pursued in a lawsuit because her Mother's ex-husband (then present husband) aknowledged her at the time of birth and signed her birth certificate?

 

[Zigner]

Okay,

So basically, even though I have ackowledged this girl as my Daughter, been a part of her life, and paid my agreed upon (non legally ordered) child support for the last 17 years......I can not be pursued in a lawsuit because her Mother's ex-husband (then present husband) aknowledged her at the time of birth and signed her birth certificate?

You may have said "she's my daughter", but the legal fact of the matter is that she is NOT your daughter. She is the daughter of her married (at the time of her birth) parents.

 

[mistoffolees]

You may have said "she's my daughter", but the legal fact of the matter is that she is NOT your daughter. She is the daughter of her married (at the time of her birth) parents.

Yep. There's a legal father who might be responsible for CS, and OP ain't it.

On that basis alone, if they try to come after OP, he should be able to get it dropped - or at least drag it out until after the child is 18 - and it all becomes moot.

 

[RRevak]

I hate to be the one to ask this but OP are you even SURE this is your daughter? You stated there had never been an official DNA test to prove your paternity and if mom was married at the time then how are you certain she isn't her legal fathers child?? Has there ever been ANY DNA testing????

 

[ecmst12]

Also, is it legal in TN for a 22 year old to have sex with a 16 year old? Or 21/15?