SweetSunflower
Member
What is the name of your state?What is the name of your state? New Mexico
Thank you in advance for any help you can provide. If more information is needed, please do not hesitate to ask.
My question-
Can an adult child collect child support retroactively if there has never been a court order for the support?
This question came up during a conversation with a friend of mine concerning her daughter and child support, and I can not decipher the legalese.
My friend is an unwed mother, her daughter is 8 y/o. The mother has never collected money from the state.
She stated that at her daughters birth, the father signed papers in the hospital 'saying he was the father', but can't recall what they were. I can't say if the papers were an acknowledgement of paternity, a birth certificate or ?.
There have never been any custody/visitation orders or an order for child support, in or out of court. She stated that she has no desire to 'share' her daughter with her biological father and has decided to forgo child support while her daughter is a minor with the belief that her daughter will be able to collect the 18 years of back support from her father when she reaches the age of majority.
According to what I found on the state website, the statute of limitations for collection of past due support in NM is 14 years after emancipation. I can't determine if this is with or without a court order.
I also found the following while searching additional NM child support information. Can someone please explain if this means anything regarding my question?
State v. Gorman, No. FA 98-0331769 S, 2000 Ct. Sup. 2938-af, 2938-ah, 2001 WL 359720 (Feb. 2, 2000). “The court finds that there is no prior court order for the payment of child support. The court finds that this support petition brought pursuant to C.G.S. 46b-215 is an appropriate vehicle to establish a current support and an arrearage order. The court finds that to do same would not violate the prohibition against retroactive modifications of child support. The court finds that it is not bound by any agreement of the parties or by their actions or failure to act through the years.”
Any help is greatly appreciated, thank you.
Thank you in advance for any help you can provide. If more information is needed, please do not hesitate to ask.
My question-
Can an adult child collect child support retroactively if there has never been a court order for the support?
This question came up during a conversation with a friend of mine concerning her daughter and child support, and I can not decipher the legalese.
My friend is an unwed mother, her daughter is 8 y/o. The mother has never collected money from the state.
She stated that at her daughters birth, the father signed papers in the hospital 'saying he was the father', but can't recall what they were. I can't say if the papers were an acknowledgement of paternity, a birth certificate or ?.
There have never been any custody/visitation orders or an order for child support, in or out of court. She stated that she has no desire to 'share' her daughter with her biological father and has decided to forgo child support while her daughter is a minor with the belief that her daughter will be able to collect the 18 years of back support from her father when she reaches the age of majority.
According to what I found on the state website, the statute of limitations for collection of past due support in NM is 14 years after emancipation. I can't determine if this is with or without a court order.
I also found the following while searching additional NM child support information. Can someone please explain if this means anything regarding my question?
State v. Gorman, No. FA 98-0331769 S, 2000 Ct. Sup. 2938-af, 2938-ah, 2001 WL 359720 (Feb. 2, 2000). “The court finds that there is no prior court order for the payment of child support. The court finds that this support petition brought pursuant to C.G.S. 46b-215 is an appropriate vehicle to establish a current support and an arrearage order. The court finds that to do same would not violate the prohibition against retroactive modifications of child support. The court finds that it is not bound by any agreement of the parties or by their actions or failure to act through the years.”
Any help is greatly appreciated, thank you.