Is it still possible for my biological father to pay child support even though I’m 22 years old?

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Is it still possible for my biological father to pay child support even though I’m 22 years old?

I was put into foster care when I was 7 days old. While I was growing up I would have visits with my biological mother, but Inever knew anything about my father until last year when my case worker helped me find him. My father claims that he never knew he had a daughter. I know that’s a lie because he probably didn’t want to pay child support. I am a disabled person and I currently live in a group home. I want my own apartment and I need help with money. I am mad and I feel he doesn’t want anything to do with me, but I don’t want him to get away with not helping me financially.

Asked on August 8, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

You know, that said-- I've heard it done before--and in Massachusetts.  

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good afternoon and thank you for posting on our site. To answer your question, unfortunately because you are 22 and no longer a minor your father is not going to be liable for child support. A parent cannot be held liable to pay for a child once they are no longer minors. What you can do is attempt to file an action in the family court however I only suggest this if you feel you must try because the reality is there is a slim to none chance anything will come of this other than you having expended monies in filing fees and service costs.

Your biological father from what you wrote was never asked for child support while you were growing up. In addition because you were a foster child he may not have known about you and even if he did he may have waived his rights (I cannot speak definitively without additional facts). But because of this he was never pursued in the court system for payments of any kind. And now although it feels as if he should have to pay the reality is that as a 22 year old adult he is not responsible for payments anymore and the retroactive claim is something I would not suggest you pursue at this time.

I wish you the best of luck and please feel free to post again with additional questions or facts on this matter.


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