I just found my daughters father after 19 years, can I file for child support now?
Gainesville, FL |
I filed when my daughter was first born in 1992 and father said he hasnt seen me since 1970's. I found him and she went to meet him 2 years ago and she had to leave due to his not being a father. Is it too late to file support?
No, it is not too late - but you may be limited on how far back in time you can go, depending upon what happened when you first filed back in 1992 and how that case was disposed. If that case reserved upon the support, you may be able to seek the support all the way back in time (and he may try to bring an affirmative defense of latches, but there's case law in your favor on that one). If that case was dismissed and/or never reserved on the support obligation and you have to bring a new petition to start the support, you will be limited to 2 years prior to the date of filing (as your starting date) and the child's emancipation (18, or if graduated highschool prior to the 19th birthday, through the highschool graduation being the 2 most likely dates).
I would certainly recommend you seek a consultation with an experienced Family Law attorney before you pursue the case so you can discuss your options and decide how to best proceed.
The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.
This information is a general answer and is not specific to any particular case.
Carin Manders Constantine, Esq.