Custodial parent had child. There was never a child support order because they never filed or went to family court. The non custodial parent couldnโt see the child until they were 18. The child turned 18 came to live with the non custodial parent. Custodial parent of the 18 yr old is now mad. Can they file for child support now?
Dear Anonymous:
You indicate that the "non-custodial" (the courts do not use that term these days) parent could not see the child until the child turned 18, yet you say "they" never went to court. If one parent cannot see the child, it is usually because there was a court order stating as such. You also do not say if the custodial parent was the mother or father. Assuming the non-custodial parent is the father, and there was a court order stating he could not see the child, that usually means that paternity was established. Usually, with paternity there is also an order for support.
If paternity was never established by a court, (again assuming non-custodial was father) then there is no way to pursue child support now since the child is emancipated, and the custodial parent's rights to seek support are extinguished (except in very unusual circumstances).
If paternity was established, a parent can only go back 24 months from the date of the request for support. However, because the custodial parent waited until the child turned 18, the Court will not order retroactive support since that parent has slept on his/her rights to pursue the support for the last 18 years. The parent can try, but success would be illusive.
Glad you are having time with your child now. It's never too late to build a relationship.
Wishing you the best of luck.
Cindy S. Vova
Family Law Offices of Cindy S. Vova, P.A.
Broward/Miami- Dade: 954.316.3496
Boca Raton/Palm Beach: 561.962.2795
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