Legal Question in Family Law in Utah

Child Support

My 17 year old daughter was just told her dad was not her biological dad by her biological father. I planned on telling her when she was more mature.

However, her biological father said her wanter her to know now. So is he now obiligated to pay child support for the past 17 years?


Asked on 8/19/99, 1:23 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Child Support

Not to argue with a word of Barbara Johnson's response to this, and not to pretend that I'm licensed in your state (I'm not, I'm licensed only in Tennessee, and advise speaking with a local practitioner to be certain of any peculiarities of the law in your state), but child support obligations require court orders.... not merely a statement of a parent.

This is not to say you could not get a court order.... but just that his statement in most states would create no independent legal obligation.

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Answered on 8/21/99, 11:43 am
Carolyn J. Stevens CJ Stevens|Law

Re: Child Support

Take this with a grain of salt because I do not practice in your state.

To add to Ms. Johnson's answer and play devil's advocate, I'll give you the benefit of the doubt here. I'll assume biological father knew about the child long ago and simply didn't take any responsibility. You could have sought child support from the get-go even though you're married and your husband has supported the child. You can still seek child support although, since you were aware of bio dad 17 years ago, he might argue that you would not let him see the child and/or you slept on your rights and can't now ask for 17 years of back support (although it is the child's right, not the parent's). Since I don't know the history and details of your case, I can't predict success or failure of any legal arguments.

I agree with Mr. Beard that bio dad's statement does not create a legally binding obligation to pay support. However, bio dad did acknowledge paternity by making that statement (and also acknowledged his failure to fulfill his moral/ethical obligation to support his child).

If you resided in my jurisdiction, I'd probably tell you your easiest first step is to call the regional child support enforcement division and ask them whether they can begin an administrative action.

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Answered on 8/21/99, 1:28 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Child Support

You denied the father of your child 17 years of

the pleasure of fatherhood . . . probably for

many reasons. Two of those reasons, I am going

to assume, must be your selfishness and

your desire to conceal your own "carelessness"

18 years ago.

Now to look for 17 years of arrearages from this man is

unconscionable and outrageous. Don't be one of

those women who give womanhood a bad name.

Also, why do I think that there is a lot more to

this story than you have told us here?? Be

honest with yourself as well as with others . . . and

let your decision be one you can be proud of!

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Answered on 8/20/99, 6:34 pm


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