Legal Question in Family Law in Pennsylvania
child support
I have daughter who is 29m years old and i have recently located her
she changed her name to her stepfathers we want to meet but my ex is threataning to make me pay 18 years of support am i still liable
3 Answers from Attorneys
Re: child support
You asked if your ex-wife could hold you liable for child support payments.
Well, the child's mother probably cannot make that claim. If there was a valid child support order, you were aware of such an order and the mother made reasonable efforts to collect then the child may assert the claim. Child support payments are actually owed and due to the child, the custodial parent is merely the responsible party. There are theories that may allow the child to claim back child-support (i.e. support payments are not dischargeable in bankruptcy). There are also theories that would prevent the child to from seeking any payment (i.e. laches defense).
The child's mother will generally have no say in the matter, and probably will not even have standing to bring the claim.
I would suggest that if you decide to go ahead with meeting your child then you should also pay the price for the privilege, if possible and if even remotely necessary. The simple fact is that you did not incur the costs (monetary or emotional) in raising the child. Essentially you seek to reap the benefit of a relationship which you did not nurture. This isn't a judgment, but is the realization. Even if the mother hid the child from you, how far did you go to find the child?
Come to an arrangement or understanding with your child and ignore the mother. The relationship is between your daughter and yourself. Good luck and best wishes.
You should consult counsel and make him/her aware of the specifics of the situation to provide accurate advice based on your situation.
Regards,
Roger
Re: child support
Maybe. However, child support is owed to the child not the parent. If no one has filled for it. They go back to the date of filing to determine back support. Absent some effort on your part to avoid paying I doubt they'd get very far.
If you have any questions feel free to contact me, the initial consultation is free.
{John}
Re: child support
For you to owe child support there has to be an Order of support which you did no comply with. Secondly, there is the theory of laches which says that it is fundamentally unfair to sit on your right for an unreasonable amount of time and then expect payment in full.
It also appears that your the mother was hiding from you which is another factor.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com