FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

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Latest post Mon, Apr 4 2011 1:25 PM by superman1. 19 replies.
  • Sat, Apr 2 2011 12:45 PM

    • haley jane
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    FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    I am a 19 year old female from Chattanooga, TN, and I have recently come back into contact with my biological father after 18 years. After I was born, he skipped town and moved to Sophia, North Carolina. He never made any effort to locate or contact me until I came across his Facebook page about a year ago. We decided to take a paternity test during that time, just to be 100% sure that here was in fact my biological father. I took my part of the DNA test, but he never completed his. I have since lost all contact with him, and since he is continuing to show no desire to be a part of my life, I would like to find out how I should go about getting a court ordered DNA test (since he was never listed as my father on my birth certificate,) and hopefully begin taking the necessary steps involved to receive back child support. If, however, it is even an option. My mother & father were never married, he was never listed on my birth certificate, and was never ordered to pay any sort of alimony or child support. I have always heard that there is a 20 year statue of limitations when it comes to child support, so given the circumstances of the situation, if, in fact, I AM able to receive back pay from him, how would I go about doing so?

  • Sat, Apr 2 2011 12:49 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    I am sorry.

    As far as I know, it would your mother, not you, that would be the one getting any back child support, should there be any.

    As far as I know, that's how it works.

  • Sat, Apr 2 2011 12:50 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    haley jane:
    I have always heard that there is a 20 year statue of limitations when it comes to child support, so given the circumstances of the situation, if, in fact, I AM able to receive back pay from him, how would I go about doing so?

    You are not entitled to anything, so no legal action can be accomplished by you.  Your Mother might be able to pursue this, depending on your State Law's.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Sat, Apr 2 2011 1:41 PM In reply to

    • haley jane
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    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    I'm not entitled to anything? lol. that's funny.

  • Sat, Apr 2 2011 2:00 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    Hi Haley,

    " I'm not entitled to anything? lol. that's funny" WHY IS THAT FUNNY?

    From a legal standpoint, I am relatively certain that you are far beyond the SOL to attempt to collect C.S. The issues:

    1) You DO NOT have a claim, yourself, only your mom would.

     2) You are past the age of majority.     

     3) Paternity has never been established.

    4) No child support order was ever in place.

    You say that he didn't take the paternity test. You are now an adult, and "legally" he is a stranger to you. I don't think that he can be "forced" by the court to take the test.

     Typically the SOL refers to an ORDER of C.S. that has been awarded, and the SOL refers to the time period in which you may still pursue the award. I have not found where there is a 20 year statute in North Ca.  I did see a 10 yr SOL., and a right to renew once. 

    You need to contact the Dept of Child Support in your Jurisdiction. However, i sincerely hope that you are not counting on any money. Legally, I am fairly certain that you will not be able to pursue this.

    Sorry about this. 

    However, feel free to tell this man on facebook how you feel for his refusal to take a DNA test.........

  • Sat, Apr 2 2011 2:18 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    haley jane:

    I'm not entitled to anything? lol. that's funny.

    Lots of laws are funny.

    But they are still laws.

    Talk to your mother.

    It would be up to her to pursue back child support if it were at all possible.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Apr 2 2011 2:29 PM In reply to


    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    haley jane:
    My mother & father were never married, he was never listed on my birth certificate, and was never ordered to pay any sort of alimony or child support. I have always heard that there is a 20 year statue of limitations when it comes to child support, so given the circumstances of the situation, if, in fact, I AM able to receive back pay from him, how would I go about doing so?

     

    No.  First, child support is paid to the custodial parent on behalf of the child.  Any order for support had to be sought by the custodial parent on behalf of the child during the child's minority.  Had there been an order, any unpaid amounts would be owed to your mother, not you.  Second, if no order is sought prior to the time the child attains the age of majority, it's over.  You are 19 and thus no longer a minor.  Third, the statute of limitations you reference applies to child support judgments issued by the court.  Your mother never got that and if she had, it would be money owed to her and up to her to try to collect.  Lastly, the man was never legally declared your father and at this this point in time, he cannot be compelled to submit to DNA testing or to acknowledge you in any way.  

  • Sat, Apr 2 2011 2:36 PM In reply to

    • haley jane
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    • TN
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    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    he would willingly submit a dna test. that's not an issue here.

    and regardless of who files, the money will ultimately go to me.

    i had a friend in the exact same sitation, except he was 21 when he found his father and sued for back pay. the money is deposited into HIS bank account every time his father make the payments.

    even if my mother is the one who has to pursue it, child support is meant for the CHILD. not the parent. so for someone to say that the money wouldn't go to me is just assanine. it's actually against the law in my state for the custodial parent receiving the child support to use it on anything other than the child.

     

  • Sat, Apr 2 2011 2:40 PM In reply to

    • haley jane
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    • TN
    • Posts 5

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    i've obvioulsy come to the wrong place to ask these questions lol.

    none of the info i've received has proved accurate or beneficial in any way.

    also, to whoever said that the statue of limitations law doesn't apply to me, you're wrong.

    i'm pretty sure if a 65 year old woman can sue for back child support for her 35 year old son,me being 19 wont be a problem.

    thanks for the help, but I was looking to speak to a LAWYER ang get some valuable, individualized, well researched FACTS. but all I'm getting are presonal opinions. tsk tsk.

  • Sat, Apr 2 2011 2:46 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    Feel free to go to Law School...... I did.....

    Just because you DON'T like the answers to the questions, does not make them wrong....

    Sorry, you have no legal recourse here.

     

  • Sat, Apr 2 2011 2:53 PM In reply to

    • LG81
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    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    haley jane:

    thanks for the help, but I was looking to speak to a LAWYER ang get some valuable, individualized, well researched FACTS. but all I'm getting are presonal opinions. tsk tsk.

    Give it some time; an attorney might replay (or may not since you got a little snarly).

    I am not an attorney, and I don't have any personal experience with child support matters.  However, I do remember reading an article a while back (I'm sorry but I cannot remember where) where a twenty-year-old was able to get child support paid directly to him.  I believe this was in the state of Illinois, and child support laws vary a lot by state.  I also cannot remember whether there had ever been an order in place before and the father just didn't keep his obligation or whether a new order was established.

    I recommend seeking out a family law attorney in your state.  I imagine s/he would be able to answer you query quite quickly.

  • Sat, Apr 2 2011 3:01 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    haley jane:
    valuable, individualized, well researched FACTS. but all I'm getting are presonal (Sic) opinions

    Please point me to the LEGAL RESEARCH THAT you have done that will dispute the accuracy of any of the info that we have posted.

    I went to the N CA Child support division and found this. http://www.sog.unc.edu/pubs/electronicversions/pdfs/childsupport.pdf

    The proper word is STATUTE of limitations, not STATUE. (For your research)

    Feel free to point out any contrary FACT that you are aware of. Your knowing so and so's 65 year old mother's son who has direct deposit of CS, NOT a FACT..... just a rumor.

     

  • Sat, Apr 2 2011 3:08 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    I am sorry you did not like the answers you received.  I would suggest you speak to a lawyer then, and find out for sure what your options are.

  • Sat, Apr 2 2011 3:19 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE...

    NC has a three year SOL to file and establish initial paternity and support. It appears that state does not allow the filing after the child has reached the age of majority.

    TN appears to allow for retroactive support, HOWEVER, the putative father has a few avenues of rebuttal one of which is the valid defense that because the child is already legally an adult not requiring support, paternity was never established, and an order for support never entered they are not legally obligated to support an adult that there is no proof they are the father of.

    Second, it is clear the OP is intending to file because she did not get the emotional response she sought.  The court does not exist to remedy hurt feelings and odds on prevailing are slim.  Even so, Mom would be awarded the support and has no legal obligation to pass the money on to the child.  It would be reimbursement for expenses spent in the past for the child already.

    From the TN website:

    1240-2-4-.06 RETROACTIVE SUPPORT. 

    (1) Unless the rebuttal provisions of Tennessee Code Annotated §§ 36-2-311(a)(11) or 36-5-

    101(e) have been established by clear and convincing evidence provided to the tribunal, 

    then, in cases in which initial support is being set, a judgment must be entered to include an 

    amount of monthly support due up to the date that an order for current support is entered: 

    (a) From the date of the child’s birth: 

    1. In paternity cases; or, 

    2. Where the child has been voluntarily acknowledged by the child’s putative father 

    as provided in Tennessee Code Annotated § 24-7-113, or pursuant to the 

    voluntary acknowledgement procedure of any other state or territory of the 

    United States that comports with Title IV-D of the Social Security Act, or, as 

    applicable; 

    (b) From the date: 

    1. Of separation of the parties in a divorce or in an annulment; or CHILD SUPPORT GUIDELINES  CHAPTER 1240-2-4 

    (Rule 1240-2-4-.06, continued) 

    August, 2008 (Revised)  32

    2. Of abandonment of the child and the remaining spouse by the other parent in 

    such cases; or 

    3. Of physical custody of the child by a parent or non-parent caretaker. 

    (2) Deviations from the presumption that a judgment for retroactive support shall be awarded 

    back to the date of birth of the child, the date of the separation of the parties, or the date of 

    abandonment of the child shall be supported by written findings in the tribunal’s order that 

    include: 

    (a) The reasons the tribunal, pursuant to Tennessee Code Annotated §§ 36-2-

    311(a)(11)(A) or 36-5-101(e)(1)(C), deviated from the presumptive amount of child 

    support that would have been paid pursuant to the Guidelines; and 

    (b) The amount of child support that would have been required under the Guidelines if the 

    presumptive amount had not been rebutted;

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Apr 2 2011 4:30 PM In reply to

    Re: FOUND FATHER AFTER 18 YEARS- BACK CHILD SUPPORT POSSIBLE?

    haley jane:
    I am a 19 year old female from Chattanooga, TN, and I have recently come back into contact with my biological father after 18 years. After I was born, he skipped town and moved to Sophia, North Carolina.

    It's not clear what state would have jurisdiction over the child support issue. In order to know that, it would be necessary to know more facts. However, to give you an idea of how this works, I'll use TN as the state since that is where you are located.

    haley jane:
    I have since lost all contact with him, and since he is continuing to show no desire to be a part of my life, I would like to find out how I should go about getting a court ordered DNA test (since he was never listed as my father on my birth certificate,) and hopefully begin taking the necessary steps involved to receive back child support. If, however, it is even an option

    Actions to determine paternity in TN may be brought until 3 years after the child reaches the age of majority under TN law. TN Code § 36-2-306.

    However, your problem here is that you don't have standing to bring a child support case against your alleged father, even if paternity were established. TN law provides that one must have at least physical custody of the child to bring an action for support. TN Code § 36-5-101(b)(1). Thus, your mother would be the one who must bring the action as she was the one that had physical custody of you. Moreover, it appears that TN law only provides for retroactive support (i.e. support for periods predating the petition) in cases where the parents had been married and then divorced or separated, in which case the support may be ordered retroactive to the date of divorce or separation. TN Code 36-5-101(e)(1)(C). Thus, it appears all she could get would be any support owed for periods after filing for the order of support in this case since they were neve married. Since you are no longer a minor, there is no obligation of support going forward, so she'd have nothing to get by pursuing support now. She should have done that a long time ago.

    Even if retroactive support could be pursued by your mother, your mother would not, contrary to what you asserted elsewhere on this board, have to give the money to you. You're right the money is meant for your support, but whatever she collected now would be reimbursement to her for the money she already spent for your support. That is the whole purpose of a retroactive award--to pay for the support the custodial parent has already provided. It's not like she'd be getting a windfall here. She could, of course, share with you whatever she got if she wanted, but she would not be required to do so. But, as I said, since she was not married to your father, it appears that she could not get retroactive support here.

    You are free to consult a TN family law attorney to get specific advice to see if you can pursue your alleged father for anything if you wish. And you should do that to get a definite answer to your questions. But my read of the TN law indicates the answer will be no.

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