Legal Question in Family Law in California
Hi, I am a 28 year old woman, I have always known who my father is, He already had a family including a wife when he impregnated my mother, he had knowledge of my birth, but never came around or attempted to help support me at any time in my life. He and his family has always lived in southern Ca. never more than an hours drive from where I lived my entire childhood. my father has never paid a dime of child support for me. I grew up to the age of 16 in the front seat of my grandpas camper pick-up truck (my grandpa and my aunt lived in the camper part of the truck) parked behind a bar in the desert, I never finished the 4th grade (my friend is writing this question to you for me). my mother was at times on welfare, She told the welfare people she did not know who the father was. my alcoholic mother and I bounced around in a trailer park for a few years, But for the most part left me to stay with my grandpa at his camper for years at a time and by the time I was 8 or nine, when she did come around, she stayed with us in the camper truck. My Father is not indigent, He in fact has rental properties. My question is assuming that what I have just said is all accurate, Can I still sue him for back child support and/or what his negligence as a father has done to the quailty of my childhood? Also, Is this something I might get a lawyer to do on contingency?
2 Answers from Attorneys
Doubtful. Your mother should have filed a paternity case against your father. There is something called a statute of limitations (also "laches") which is a time limit on how long you have to file for support. Since support might be had for a minor child until the child turns 18 and is no longer a high school student, one would have until the child reaches that age to file for support. Basically, it should have been filed 28 years ago.
Note: the foregoing comments are for general educational purposes and are not intended as legal advice. If you need specific legal advice please consult an attorney with the detailed facts of your case.
Mr. Taberski is basically right. The only correction I have is that support can be obtained for up to three years back. So when the child turns 18 and completes high school or leaves high school, the clock starts ticking, but you can still go back three years. So at 19 there is still two years of back support you can go after. At 20 there is one year, etc. Unfortunately at 28, it is too late to go for child support. You still may want to file a paternity action, however, because if he has assets, you would be an heir upon his death once paternity is established.
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