can i sue my dad for back child support, or is that something my mom would have to do?   thanks?
451353
Please verify with your state, but here in California, he owes it until it is paid. Your Mom is the payee, so you as the child can't get it, but she doesn't need to pay for an attorney. Have her get in touch with the Family Services department of your local court house and they should have free instructions on how to file a claim, maybe even offer a free class to walk her through it. Based on his income it may be a stupid small amount, just a few bucks a month, or they may seize his assets and she'll get a big chunk all at once. The good thing is they can seize his income tax returns and charge him interest. It's definately worth looking into. Good for your Mom for being such a trooper and taking care of you by herself!
1183079
You could ask a child support attorney. If your father is such a deadbeat that he hasn't paid in all this time I doubt he'll pay now though. Your father is scum, be glad he isn't in your life if he isn't.
800616
"Who can advise me on child support issue? i go to court take the dna test come out that i'am not the father of this baby n now the judge refuse to give back the money they took from me why...."\n\nThe quick answer to your question is "Courts don't take candy away from babies."\n\nIt sounds like you voluntarily paid child support thinking that you were the child's father.  \n\nBut you didn't have to.  You could have immediately sought to have paternity established by going to court and asking for a DNA test to be administered.  That would have made it obvious that you weren't the responsible party and kept you from having to pay support.\n\nSince you voluntarily paid the support-- you did it of your own free will and the court isn't going to just give you the money back because you were a decent guy who did the right thing and ponied up the dough when he thought he should-- even though he didn't really have to.\n\nThat said, depending on how the woman convinced you that the child was yours, you might have a case for fraud.  Depending on the amount of money involved, you could take the case to small claims court.  But again, unless the woman lied to you or actively participated in some deception that caused you to believe you should pay support, you won't get very far.  Your voluntary action not induced by deception is just something you have to live with.\n\nAnd I'd suggest you take pride in it.  Even if it wasn't your kid, stepping up to provide support for a child is an honorable thing to do.  Some fathers try to avoid paying support for their own children.  And here you are-- not even related to the kid-- and you put up money for support.  Don't look at it like you got duped-- I sure don't have a higher opinion of the mother now-- look at it like you were the guy who did the right thing because you chose to do it.   The world needs more guys like that.\n\nEdit on Additional Facts:  It sounds like some sort of fraud might have taken place.  Get a complete copy of the case file and at least a transcript of the court hearing in which the default judgment was granted.  You can try filing a separate action for fraud-- where you'll show she lied in order to obtain the judgment and should now owe you the money.  Alternatively, you could try going before the same judge that gave the default judgment to prove the same fraud and argue that she should have to pay you at least back to the time you filed for the paternity test-- since no support payments that were taken from you after that were in anyway vested as they were clearly in dispute. \n\n[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
136684
Sounds like a dead beet Dad. I think that Texas is the worst in enforcing child support. Too many macho men. The court order will not help if the authority's do not enforce it. You need to call your District Attorney
1009364
I most cases this depends on a few things ( the state you live in, your judge, age of your child, date of when he filed for vists) I know in Michigan the father is responable for all of this. My ex has to pay for everything when our son was born.
792047
If the mom co-signed to be responsible for the son's expenses if he did not pay them, you can sue just her. If there are 5 people involved in an issue, you can sue all 5 or just 1. Does not matter. If the mom is smart, she will give the son up.
935556
Tell her to immediately get on the phone and report that information to child support enforcement without delay!! Also make sure she doesn't mention that she is interested in finding out if the support cvan be garnished from it to the child's father because he may try to hide it or be more secretive. Tell her prior to calling try to find out from him who the insurance compnay is that he sued, that way when she contacts enforcement they will know what insurance agency to contact to put a garnish on it. I know it can be done, because my ex husband was hit by a car as a pedestrian and he was warded money. They took it and because he has such a history of not paying they even took out a year's worth of ADVANCE payments. Hopefully there is still some time before the insurance company pays to allow for enforcement to contact the insurance agency and to allow for them to get the petition to granish over to a judge to get signed. She needs to take advantage of this quickly before he gets that check and cashes it and it's too late for her to lay claim. If for some reason your state doesn't allow support to be garnished from a settlement, which I don't see why not, then she needs to make sure once she knows he has endorsed that check that she stays on enforcement's back of pursuing him to comply with child support...I'm sure if they don't garnish his check, once he cashes it and he has a choice of jail or paying a 5th of his check to support, he'll choose to pay.
154406
You can ask the court to "release his parental rights".  Then you can have the childs name changed.  But, this also takes away your right to fight for back child support.
859458
No, they can't do that. You would probably have a lawyer though to get your back pay.
871326
It wouldn't be incorrect to sue him. Just wish you hadn't waited so long.  It can be done, Get yourself a lawyer that will take just a percentage of what you will initially get.\n\nIt won't make your father happy but you derserve something especially if he's treating you the way he is.  He's gotten awway with enough all ready.\n\nGODD LUCK!
353845
2 BIG brothers,an uncle,your mom and dad and a shovel. LMAO No really, you should contact your local child support office. They should be able to help you. I dont think you have to have a lawyer to start the proceedings.
122291
supposedly yes but I would contact the child support contact site and get a confirmation or go to domestic relations and have them set it up for you
1142399
Getting a court order for child support means going to court. Obviously. Depending on your state, there might be special family courts for that, or it might be part of the general state trial court system. Also, while there are standard filing fees, most courts have a procedure for waving those fees in cases of financial need.\n\nAs to the attorney, the laws can be complex and it's a good idea to have one, especially if the opposing side has one. However, legal aid clinics, pro bono referral services, and just do-it-yourself filings are all potential options to explore.
434851
there's one famous case you may want to read about.\nhttp://www.ananova.com/news/story/sm_1571037.html?menu=\n\n"A Swedish man who donated sperm to a lesbian couple has been ordered to pay child support for their three children."\n\nthe debate is who's estate is held responsible for the child's welfare. most states will look first to the biological father. Meaning if said mother at a latter date files for welfare it is possible that state could come back and sue for support...\n\nthere have been many cases where contractual custody was over turned in favor of a biological parent. The Supreme Court has already ruled, "There can be no binding contract that takes Presidents over a biological parents rights".\nin short there may not be any legal document of any type that could shield you in this case.\n\nPersonally I wouldn't father a child and not know day by day what happens to my kid. I wouldn't do it...
745046
Well I believe you can...My mother was in the same situation as you...In the divorce papers it stated my father is to pay my mother for life...but he stopped....anyway she spoke to a lawyer and they told her if it was court ordered he has to...all she has to do is take the papers to the DA and it will all be taken care of... he will be surprised shortly...but I'm not to positive about retirement or SS, but I do know she is entitled to them...So if it was court ordered your should be able to get it...
1123300
If the biologcial father has not been in her life since she was 2 years old,  then I am guessing that he has never paid child support either.  I do not know how things work in your state,  but look into filing for child support through the courts.  Put the locating on THEM.  Once he is located he will have to come up with the back child support or face jail.  The option of terminating rights could be presented to him at that time.  (Kind of like sign here and get out of jail free).  That is how my father had to do when it came to adopting my sister.  You would be surprised how quickly they sign to stay free.
230539
Yes you can, but make sure you get child support from him. Also if you are in a state that awards alimony I would go for that also.