Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Child support Missouri

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child support Missouri

    I have a 17 year old daughter. I have been unable to find her biological father until now. I found him in Michigan. Can I go after child support retroactive to her birth?

  • #2
    Did you ever have a support order?

    Comment


    • #3
      Q: I have a 17 year old daughter. I have been unable to find her biological father until now. I found him in Michigan. Can I go after child support retroactive to her birth?

      A: Yes.
      “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

      --Benjamin Franklin

      Comment


      • #4
        did you ever try to contact him before? Is there any chance he knew he had a child? If you never trued to contact him and he had no way of knowing, then chances are- no. You can't just keep a child from a person, wait 17 years and then try to get the money.
        However, if you tried to get him to take responsibility and he ran, then yes, you can go after him

        Comment


        • #5
          Yes he knew about her. He has spoken to me 2 times over the years but did not disclose his whereabouts. He has seen her twice. Once when she was 2 weeks old and one more time when she was 3 (I didn't know about this until later). I found his step sister several years ago and became friends but she didn't know where he was at the time then she disappeared. I found him through a fluke internet search.

          Comment


          • #6
            No, I never obtained a support order. He was in and out of jail for a few years and I was scared that if I got the order before that he would then gain rights to see her and I thought it best to go it alone than involve him in her life when he had his own issues to deal with.

            Comment


            • #7
              Originally posted by lholland View Post
              No, I never obtained a support order. He was in and out of jail for a few years and I was scared that if I got the order before that he would then gain rights to see her and I thought it best to go it alone than involve him in her life when he had his own issues to deal with.
              Then, you probably cannot undo what you did before. If he is not the father legally, then he cannot be responsible for payment. Is he the legal father?
              Please no private messages about your situation.

              Comment


              • #8
                Paternity has not been established but he is the biological father. When I spoke to him recently, he did acknowledge this and stated that he would do whatever I wished. I know I can get child support from here forward, I have already checked into that. And I have had an attorney already tell me that we can go for back child support (not stating that we would certainly get it, but would try), but I am mainly asking if anyone has had a similar case and been able to get child support retroactive to birth.
                Last edited by lholland; 05-15-2007, 09:49 AM. Reason: mis spelled word, changed meaning

                Comment


                • #9
                  Originally posted by lholland View Post
                  Paternity has not been established but he is the biological father. When I spoke to him recently, he did acknowledge this and stated that he would do whatever I wished. I know I can get child support from here forward, I have already checked into that. And I have had an attorney already tell me that we can go for back child support (not stating that we would certainly get it, but would try), but I am mainly asking if anyone has had a similar case and been able to get child support retractive to birth.
                  Sure, people have. Why would you do that? Why would you burden him like that, when you had the opportunity to correct it previously?
                  Please no private messages about your situation.

                  Comment


                  • #10
                    I let the fear of him stop me from obtaining the order before. I have lived in the same town since her birth. He has had many opportunities to make contact. Even if I wanted to do this earlier, I didn't know where he was to do it. His sister was unable to tell me either. He has been estranged from his family for many years. In the past, he has been violent, and incarcerated for both the violence and theft. I am now seeking it because my daughter is old enough that she can be safe even if she decides to meet him. That has been my concern the whole time.

                    Comment


                    • #11
                      I don't understand what age has to do with it. Had you asked for support, you could have been getting it all along. He would have had to ask for visitation, and you could have brought up his history, so that he could either get limited supervised time, or none at all. I just think its wrong to ask for it, at this late date. There were many things that you could have done, but chose not to. A man can't be sure that he is the baby's father.
                      Please no private messages about your situation.

                      Comment


                      • #12
                        I'm not sure why this has turned into a moral issue. Bottom line. He has had the opportunity to acknowledge her and support her for 17+ years but has chosen not to do so. He is the biological father. He has acknowledged that. There was an attempt to locate him when she was 3 or 4 by the state but that was unsuccessful. As I have stated before, I wasn't able to locate him. To make it very simple, he has an obligation for support just as I had while she was growing up. If this offends you, I apologize but if you've raised a child on your own and struggled, then there is usually a darn good reason that you wouldn't seek help. My reason was fear. Plain and simple. I didn't hide from him, I didn't run with her. I stayed here and cared for her. He ran and disappeared. Not me.

                        Comment


                        • #13
                          Originally posted by lholland View Post
                          I'm not sure why this has turned into a moral issue. Bottom line. He has had the opportunity to acknowledge her and support her for 17+ years but has chosen not to do so. He is the biological father. He has acknowledged that. There was an attempt to locate him when she was 3 or 4 by the state but that was unsuccessful. As I have stated before, I wasn't able to locate him. To make it very simple, he has an obligation for support just as I had while she was growing up. If this offends you, I apologize but if you've raised a child on your own and struggled, then there is usually a darn good reason that you wouldn't seek help. My reason was fear. Plain and simple. I didn't hide from him, I didn't run with her. I stayed here and cared for her. He ran and disappeared. Not me.
                          Bottom line legally-

                          1. you admit that you did NOT seek support out of fear that he would actually have the chance to be involved in HIS child's life.

                          2. he has never been established to be the legal father.

                          3. You apparently didn't do much at all over the years to locate him

                          From a LEGAL standpoint, those all add up to a legal doctrine called laches. That means that YOU did NOT do what you needed to do at the correct time, and for a court to now order retro CS for the past 17 years, would create an undue hardship on the father and would be very prejudicial to the father.

                          However, you can certainly file now to establish paternity and CS, MAYBE a Judge will order retro back to the filing date.

                          Comment


                          • #14
                            Thank you for the information. That's what I was looking for. I knew that the chances weren't great and yes, I made my choices. For whatever reason, they were my choices.

                            Comment


                            • #15
                              It has not become a moral issue. The things that Mo has asked you are EXACTLY the things that a judge will want to know. And you need better answers than the ones you have provided here.

                              For starters, you are actually contradicting yourself a little.

                              On one hand, you were afraid of him. On the other hand, you never moved and he always had the opportunity to support the child. It doens't make a whole lot of sense that you were so afriad of him that you stayed put.

                              But that is neither here nor there. It is not up to one parent to decide to pay child support. It was just as much your responsibiltiy to open a case for child support as it was his. Simply put, it's not solely his fault that he's never paid. Some of that rests with you, and the courts will see it that way. If you ask for 17 years of back support, the very first thing the judge will want to know is "why did you wait so long." And trust me, saying "he had the opportunity to support her, but he didn't" is not a good answer. And telling a judge "I was afraid he would ask for visitation" is an even WORSE answer. You are basically saying that you purposely interfered with his rights as a parent, but you NOW want him to pay for all that lost time.

                              Missouri has a statue of limitiations for CS collections. You can ask for whatever you want, but you probably won't get it.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X