Can My 18 year old son sue his biological father for past child support payments?

[MistyMadeMe]

What is the name of your state?What is the name of your state? New Jersey

My son will soon be 18 years old. His biological father dropped out of the picture when he was 2 years old. I never pursued him, and raised my son by myself. Now my son will be of legal age. Can my son pursue past child support payments from him?

 

[enjay]

No. The responsibility to pursue child support was yours. Child support goes to the custodial parent for the support of the child, not to the adult child who feels shortchanged.

 

[nextwife]

IF you filed for legal paternity establishment and CS, got a Court Order for CS and never recieved it, yes, it is an arrearage and still owed.

If you never filed, it was never "due" thus it is not "past CS". In many states. if paternity was never legally established at all, 18 is too late to even ask for that.

 

[MistyMadeMe]

Paternity was established through a DNA test, and he did pay child support (voluntarily) for a short period of time and did have visitation before he dropped out of sight. I also have a signed support agreement.

 

[I AM ALWAYS LIABLE]

Paternity was established through a DNA test, and he did pay child support (voluntarily) for a short period of time and did have visitation before he dropped out of sight. I also have a signed support agreement.

My response:

Unless the "agreement" has a judge's signature on it, then I must presume the "agreement" was a "private agreement". If it's a private agreement, it's worthless.

IAAL

 

[enjay]

Regardless, even if there were a legal CS order in place, the money is owed to you and not your son.

 

[MistyMadeMe]

Yes, it was a private agreement, drawn up/reviewed/negotiated by our respective lawyers and signed by us. I guess that was a waste of money if it is "worthless."

 

[I AM ALWAYS LIABLE]

Yes, it was a private agreement, drawn up/reviewed/negotiated by our respective lawyers and signed by us. I guess that was a waste of money if it is "worthless."

My response:

It doesn't take much effort to get on the phone and ask a local Family Law attorney if such an "agreement" is enforceable, and whether the court will recognize the "agreement".

IAAL