Is it legal to sue my father for back child support if he has not paid it in years? How? 5 Answers as of August 21, 2015

Is it legal to sue my father for back child support if he has not paid it in years? Since I was a baby, my father has owed support. If I find out where he is living, can I sue for that support?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Probably. But is there a hope of collecting any part of a judgment?
Answer Applies to: Wisconsin
Replied: 8/21/2015
John Russo | John Russo
Depends on how old you are now, if you are now emancipated and say between 18 and 21 you have a good chance, the longer you wait the less inclined the court would be to proceed.
Answer Applies to: Rhode Island
Replied: 8/21/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would have to know much more about the circumstances, but it may be possible that you could have a cause of action. It depends on the state you live in and the statute of limitations regarding the child support obligation.
Answer Applies to: Michigan
Replied: 8/20/2015
Gregory Brough, Attorney at Law | Gregory Brough
The short answer is no. If there is an existing child support order, the person who holds that order (your mother?), could take action to enforce it. If there is no existing child support order, then no one can get "back" (i.e., retroactive) child support because a court can only order prospective child support. Your mother could sue to establish a child support order against your father. You cannot sue your father for support.
Answer Applies to: Missouri
Replied: 8/20/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
If there is a court order for child support that is unpaid generally the party has the right to collect. That party would be your mother or perhaps the County. You should discuss with your mother taking action to collect back support.
Answer Applies to: California
Replied: 8/20/2015
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