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Help with Back child support

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jorelcuomo

Junior Member
Colorado

Hello, I have a question regarding child support. I am not sure who to even talk to about this issue. If you would kindly direct me to someone or some place I would be very thankful. My father and mother were maried in 1984. My mother is Canadian and my father is American. They devorced shortly after I was born. In the courts in Canada, my father never showed up for the hearing on who would get to take care of me. So the Canadian courts awarded me to my mother. She asked for no alomoney. My father at the time had no money what so ever. He took off, and lived in the USA. My mother had to raise me by herself, a single mother. It was very hard on us, and me growing up. He has not even contacted us at all nor has he even contacted our family about his whereabouts. He never gave either of us a dime. About a year and a half ago, my father finally contacts my family, and asks where I am. (I live in Colorado and have for the past four years. So he gets my e-mail and e-mails me. Of course I am a bit happy to finally have contact with him. Well after a few months. I fly out to visit him in Atlanta, GA. Which he paid for. I stayed there with him and his family for 2 weeks. He is remarried and has two nice spoiled kids 11 and 10. Well he buys me about $400 worth of cloaths. I couldnt believe it, I thought he was finally going to be the father he never was. He had the money to help out with. At the time, when we went shopping, he had $10,000 USD of $100 bills in his wallet, I know this because I saw it with my own eyes, and he showed it to me. Just before I leave Atlanta, he says he was going to give me $1,000 but then didn't want to because he feared that I might share it with my mother. They have a huge screen tv in the main room. TVs for ever other room, DVD players,game boxes galore for the kids, and hundreds of DVDS. Two cars (Brand new SUVs) I know from what he told me that he and his new wife make about $120,000 USD a yr. I now thought that he was going to spend me money, but he didn't. It seems that he just wanted to shower me in gifts maybe so I didn't sue him. I now would like to go to college, or buy equipment and set up my own business, but don't have the money to do so. I want to improve the quality of my life. My mother had to be on welfare the whole time while rasing me aswel. What can I do to get money from him? Can I get back child support for the 18 yrs he never did anything? Is there anything that we can do at all? thank you so much for taking the time to read this. Please help direct me where I can go to get this resolved.
I am now 19

Thank you,
 


Silverplum

Senior Member
1. It appears the divorce was adjudicated in Canada. Any legal actions pertaining to the case would be filed in Canada.

2. In the U.S., the only person your dad legally owes a debt to is your mother; and that is only if she had a court order for support. She is the only person who could *sue* him.
 

Phnx02

Member
Silverplum said:
1. It appears the divorce was adjudicated in Canada. Any legal actions pertaining to the case would be filed in Canada.

2. In the U.S., the only person your dad legally owes a debt to is your mother; and that is only if she had a court order for support. She is the only person who could *sue* him.
Canadian law is surely different from US law, and I don't think many people on this site are familiar with Canadian law. In the US, child support is payable only to the custodial parent (your mother) until the child reaches age of emancipation. Although child support is for you, she's the only one who can file for and collect this money.

In the US, I believe a CP can still file for child support after age of emanciaption (age 18), but only has a certain amount of time to do this according to the statute of limitations for her state of residence. Is anywhere from 2-10 years. And I believe, this can only be done if the CP already had a CS order before the child turned 18, and is asking for a continuance of payments because the NCP is in arrears.
 

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