I have a 25 year old son who I raised on my own. I tryed to located his father throughout the years and was unsuccesful. His father met him when he was 2 so was aware he had a son. Now after 23 years his father has managed to locate me. My question is now that my son is of age, can I sue his father for child support?
2 Answers from Attorneys
That is a tough question because you have not provided enough information to enable us to provide you with an answer. We would need to know if paternity was ever established or if you were married and had an order for payment of child support. In addition, your son is now an adult. In order to answer your question, we would need to learn more information. If you would like to make arrangements to discuss the missing information, please call Stephanie Coulter at this office at 602 462 1004 and perhaps we can arrange a telephone discussion to see if there is anything we can do for either you or your son to assist you in determining whether you or your son has a right to collect the unpaid child support. Every parent has an obligation to pay for rearing a child. Call us and let's see if we can provide you with a strategy to resolve this problem.
If you have NEVER filed any paperwork before, I believe you are too late. However, I would need to know more. Our statutes indicates that the court MAY NOT order support retroactive to more than three years before the commencement of the proceeding unless the court makes a written finding of good cause after considering all relevant circumstances, incuding:
1. The circumstances, conduct or motivation of the party who claims entitlement to past support in not seeking an earlier establishment of maternity or paternity.
2. The circumstances, conduct or motivation of the party from whom past support is sought in impeding the establishment of maternity or paternity.
3. The diligence with which service of process was attempted on the respondent.
SO, I WOULD NEED TO KNOW MORE.
We can certainly help you consider and then pursue your options
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004