I am 22 years old. My biological father left when I was around 3. My mother had filed for child support and went to court. She had even received the credit card for child support, but up to this date he has not paid one cent. I have a disability and going to college, would like the money for school. Can my mother and I sue him, or can I sue him?
Sorry to hear about your situation. The first question that must be addressed is your mother and biological father were ever married, and subsequently divorce with language addressing child support. Or in alternative, if they were never married, was there a petition that was ever filed in court regarding child support? If neither applies where nothing was ever filed and your parents were never married, than that is okey. In Texas, the law provides that a person can seek "retroactive child support" within 4 years after they turn 18 years old. So, since you are 22 you may qualify, but you also need to count the days correct starting from the date you turned 18 up to being 22. If you meet that, the court will presume to awrd you 4 years of retroactive child support. The court will deviate from the 4 year award and award you with more child support if certain enumerated factors are met as stated in the family code. The child support amount itself will be based on teh child support guideline for the amount your father was making during that time.
Sorry for the vague answer, but as stated above, more facts are required. Consult a local attorney or local legal clinic and/or local legal associations where local attroneys volunteer their time and service for free and/or reduced rate.
Your time is running out depending on your fact patterns.
Good luck and wish you success.
Min Gyu Kim (Peter)
The foregoing are comments to a general question of law, and should in no way be interpreted as legal advice. This information does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline