Adult child and welfare

[Bullzeye]

What is the name of your state? Texas

I found out last year I have a daughter that is now 28 years old. We decided to have my name put on her birth certificate to assure she is apart of our family and benefits for her future. Her mother collected welfare
during her upbringing.

We filled out the application for a birth certificate based on Parentage and the State of Texas Acknowledment of Paternity. We also recieved a letter from Attorney General of Texas "child support division".
When we called the legal assistant as directed, she implied we would be liable for any back money owed if we sent in paper work.

The birth mother and daughter will not sue for back child support but can the state of Texas come back to us for welfare or back child support? Is there a statute of limitaions for this?

We would like to do the right thing but would be financially crippling for us if Welfare came after us this late in life.

Any info would be helpful.

[BelizeBreeze]

Originally Posted by Bullzeye

What is the name of your state? Texas

I found out last year I have a daughter that is now 28 years old. We decided to have my name put on her birth certificate to assure she is apart of our family and benefits for her future. Her mother collected welfare
during her upbringing.

We filled out the application for a birth certificate based on Parentage and the State of Texas Acknowledment of Paternity. We also recieved a letter from Attorney General of Texas "child support division".
When we called the legal assistant as directed, she implied we would be liable for any back money owed if we sent in paper work.

The birth mother and daughter will not sue for back child support but can the state of Texas come back to us for welfare or back child support? Is there a statute of limitaions for this?

We would like to do the right thing but would be financially crippling for us if Welfare came after us this late in life.

Any info would be helpful.

Actually yes.

§ 154.009. RETROACTIVE CHILD SUPPORT. (a) The court
may order a parent to pay retroactive child support if the parent:
(1) has not previously been ordered to pay support for
the child; and
(2) was not a party to a suit in which support was
ordered.
(b) In ordering retroactive child support, the court shall
apply the child support guidelines provided by this chapter.
(c) Unless the Title IV-D agency is a party to an agreement
concerning support or purporting to settle past, present, or future
support obligations by prepayment or otherwise, an agreement
between the parties does not reduce or terminate retroactive
support that the agency may request.
(d) Notwithstanding Subsection (a), the court may order a
parent subject to a previous child support order to pay retroactive
child support if:
(1) the previous child support order terminated as a
result of the marriage or remarriage of the child's parents;
(2) the child's parents separated after the marriage
or remarriage; and
(3) a new child support order is sought after the date
of the separation.
(e) In rendering an order under Subsection (d), the court
may order retroactive child support back to the date of the
separation of the child's parents.

[LdiJ]

Originally Posted by BelizeBreeze

Actually yes.

§ 154.009. RETROACTIVE CHILD SUPPORT. (a) The court
may order a parent to pay retroactive child support if the parent:
(1) has not previously been ordered to pay support for
the child; and
(2) was not a party to a suit in which support was
ordered.
(b) In ordering retroactive child support, the court shall
apply the child support guidelines provided by this chapter.
(c) Unless the Title IV-D agency is a party to an agreement
concerning support or purporting to settle past, present, or future
support obligations by prepayment or otherwise, an agreement
between the parties does not reduce or terminate retroactive
support that the agency may request.
(d) Notwithstanding Subsection (a), the court may order a
parent subject to a previous child support order to pay retroactive
child support if:
(1) the previous child support order terminated as a
result of the marriage or remarriage of the child's parents;
(2) the child's parents separated after the marriage
or remarriage; and
(3) a new child support order is sought after the date
of the separation.
(e) In rendering an order under Subsection (d), the court
may order retroactive child support back to the date of the
separation of the child's parents.

I looked at a little bit of case law for TX, and it appears that there is a statute of limitations of 4 years (after the child is an adult). This woman has been an adult for 10 years.

[Bullzeye]

So if I understand correctly, since the parents were never married and the child is now an adult for 10 years....welfare will more than likely not pursue
any financial recourse in Texas. Is this correct?

[LdiJ]

Originally Posted by Bullzeye

So if I understand correctly, since the parents were never married and the child is now an adult for 10 years....welfare will more than likely not pursue
any financial recourse in Texas. Is this correct?

I would verify it with a local attorney, but yes, that appears to be correct.

[rmet4nzkx]

It might be simpler to just adopt the "daughter". Also a wise idea to at least do a private paternity test just in case this is not the bio daughter afterall. It is sad that mom would keep daughter apart from dad all those years.

[LdiJ]

Originally Posted by rmet4nzkx

It might be simpler to just adopt the "daughter". Also a wise idea to at least do a private paternity test just in case this is not the bio daughter afterall. It is sad that mom would keep daughter apart from dad all those years.

The problem with an adult adoption is that if he did that, her mother would no longer be her mother legally....since it would be a stranger adoption rather than a stepparent adoption.