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no child support, im 18 can i sue? Texas

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  • no child support, im 18 can i sue? Texas

    my mom and dad got divorced when i was 10 months old and he left her alone without any child support my whole life. he is a terrible person so bad my family forbids me from seeing or having any contact with him. his own parents wont even help him and dont consider him theyre child, he is on drugs all the time, is violent and is currently in jail. he cheated on my mom all the time and was abusive. the only time i ever saw him was when i was 7 and he was high, had a gun and was threatning to kill me and my grandma. anyways, ive been told by numerous people that when im 18 i have the right to sue for the child support money he never gave me or my mom. my family is wanting me to go for it because of college money but i dont know if i can actually do that. is it possable?
    Last edited by sarah hope; 09-23-2015, 05:13 AM.

  • #2
    No, it's not. "Numerous people" are quite wrong.

    Child support is never due to the child. The only one who had standing to sue was your mother, and her opportunity to do so is now gone.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Sorry, but if your mother never bothered to seek support for you, there is nothing you can do. If she did have a support order, SHE can try and get it enforced, but I would not hold my breath. In any case the money would go to her, not you. The purpose of child support is to support the child during the years when parents are legally obligated to provide for their children (under 18 typically). It is not blanket compensation due. If you were under 18, mom could have filed to get CS ordered on a going forward basis only. If that money was ever paid, what she did with it was up to her. Whether she paid the electric bill or put it in an account to pay for college would be her prerogative.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Actually TX does allow for child support lawsuits much past the age of 18. My FIL was sued by his ex-wife and child when the child was in her 30s because he stopped paying when the x-wife moved the child to a different state (bad move on his part). The settlement was over $200K. But I do agree it would have to be the x-wife/mother who brought the case rather than you. And most likely she had to have gone after support at the time through the court system and be able to prove it was not paid as ordered. If she didn't get a judgment for CS, it would be hard to do so now.

        However finding a lawyer to take the case now with what I suspect is a much less amount owed (due to the fact that he hasn't been earning much and still doesn't) is going to be tough. The lawyer for the x-wife was a real shark and is actively looking for large payouts.

        I suggest calling the TX State's Attorney General's office to see if there are any options. Even if they have records of his CS arrears, if he isn't working and/or has no assets, you can't get money out of him (especially not a large payout all at once). They might be able to garnish any wages OR tax returns, but again he has to have wages and taxes due back to him for them to have anything to take.

        I don't think your chances are NONE, but I do think they are slim.

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        • #5
          Honestly, as hr for me states, your chances of seeing any actual money from this guy are slim to none, and it will cost you a lot of time and energy certainly and potentially a lot in legal bills to end up with nothing to show for it. My advice would be to accept that your sperm donor is not father material, never was, and never will be. That sucks, and it's a hard thing to accept, but it is unlikely to change. You sound like you have a good future ahead of you with college in the picture, so focus on that. Don't waste precious time chasing after this man for support of any kind, including financial; it will only cause you more heartache. Best wishes.

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          • #6
            Personally I wouldn't want to draw the attention of a man who is violent and a druggie. Especially when the likelihood of actually receiving money in the event of a judgement is slim to none.

            Child support orders are based on the amount a parent earns. There is a limit of what can be withheld as well (50-65% of wages after taxes and any mandated withholdings). So if he had no reported wages and spent part of the time in prison, the amount he should have paid would be very low.

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            • #7
              Originally posted by hr for me View Post
              Actually TX does allow for child support lawsuits much past the age of 18. My FIL was sued by his ex-wife and child when the child was in her 30s because he stopped paying when the x-wife moved the child to a different state (bad move on his part). The settlement was over $200K. But I do agree it would have to be the x-wife/mother who brought the case rather than you. And most likely she had to have gone after support at the time through the court system and be able to prove it was not paid as ordered. If she didn't get a judgment for CS, it would be hard to do so now.

              .

              If he stopped paying what was once ordered that is different. Enforcing an old order is not the same as creating a new one.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Originally posted by ElleMD View Post
                If he stopped paying what was once ordered that is different. Enforcing an old order is not the same as creating a new one.
                Agreed, but TX is well known for going after dad's who owe support. So while the chance of recovering money is small, it is higher than in many states.

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