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back child support

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shans5girls

Junior Member
What is the name of your state? GA.
My question is I have a 16 yr.old daughter. Her biological father gave up his rights up when she was 5 .Can I get the back child support he owes me?
 


nextwife

Senior Member
If he terminated his parental rights, didn't he stop being her legal father at that time? If so, how does he owe from then forward? Or do you mean what was owed up until she was 5 (if there had been acourt order of support)? Because the parents who terminated their rights to my child sure owe me nothing, they are no longer her parents, that's what terminating their rights did.
 

ablessin

Member
did you wait long enough to ask this question? Why all of a sudden 11 years after he gave up rights do you want to go after him for back support?

Do you even know where he is? Why drudge up the past like that?

That is if you want it until he gave uop rights, when she was 5......

If you're looking for support from age 5 till now, you are outta luck
 

VeronicaGia

Senior Member
shans5girls said:
What is the name of your state? GA.
My question is I have a 16 yr.old daughter. Her biological father gave up his rights up when she was 5 .Can I get the back child support he owes me?

What back child support? Did you have a court order up until the time he gave up his rights? If so, that's not back support, it's arrears.

If not, you're out of luck.
 

shans5girls

Junior Member
nextwife said:
If he terminated his parental rights, didn't he stop being her legal father at that time? If so, how does he owe from then forward? Or do you mean what was owed up until she was 5 (if there had been acourt order of support)? Because the parents who terminated their rights to my child sure owe me nothing, they are no longer her parents, that's what terminating their rights did.



It was court ordered.I am talking about what is owed till the time my ex adopted her. I do know where he is.He is "sorta" in her life now.He does has 3 other children. I just want what is owed to her. He wants to "be " in her life but don't want to help when she ask for it.
 

shans5girls

Junior Member
stealth2 said:
Was there an order for support?
Yes it was court ordered.He did pay 2ce joined the army then went a.w.o.l. Decided he didnt want to pay any more signed his rights away when she was 5 and then my ex adopted her.My daughter wanted him in her life so he is sorta. But don't weant to help when she ask for it,thats why I am asking about getting what is owed up until she got adopted.
 

LdiJ

Senior Member
shans5girls said:
Yes it was court ordered.He did pay 2ce joined the army then went a.w.o.l. Decided he didnt want to pay any more signed his rights away when she was 5 and then my ex adopted her.My daughter wanted him in her life so he is sorta. But don't weant to help when she ask for it,thats why I am asking about getting what is owed up until she got adopted.

Unless you also waived arrearages in the adoption agreement then he would still owe those arrearages.
 

abstract99

Senior Member
You can get back support from when the CS order was entered until the time that he signed over the rights. You might want to make sure it is worth it financially though. If he only owes a couple hunderd in arrears then you will spend a decent bit of that money that you will get back in court fee's. If he owes more than that then it might be worth it. Why have you waited 11 years? You could have gone down to the CS office years ago and have an order of assignment put in.
 

kat1963

Senior Member
After 11 years the defense of "laches" could very well be used.
Laches: An equitable defence doctrine: Inexcusable delay in asserting a right, accompanied by some actual or presumable change of circumstance, rendering it inequitable to grant relief. Unreasonable delay or negligence in pursuing a right or claim, such that it prejudices the party against whom relief is sought. Under the doctrine of laches rights to equitable remedies may be lost.
I guess if he wants to play then he must pay right?
KAT
 

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