If my child is now an adult, can I sue her father for back support?

My daughter is 21 and your real father and I never married. Her real father and I split up when she was 2 years old in the Philippines. When she was 4 we moved here to the states. I never tried to file for child support or back child support through the years because I always thought here was in the Philippines. I didn’t know how to go about that. However, when my daughter turned 18 he contacted her on facebook and that is when I found out he was here in the states.He got her phone number and they met. I am strongly considering to fight for back child support but I can not afford it. Its not right that he has not financially supported his daughter all these years. Am I still entitled to back child support? What are my chances?

Asked on January 22, 2013 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 7 years ago | Contributor

In short, no.  Support can only be made retroactive back to the date a request for a court order was filed.  In this case--there are no grounds for retroactivity.  You slept on you right to get support.  It's over. 

If there was a child support order--and he didn't pay the ordered amount, then yes you can get some relief.  However, if you never had a Court order, you can't get anything at this point.

He can voluntarily provide support, but no court in CA can force him to pay anything.

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