[Mom2Shay]

California -- 21 years ago, while pregnant, I filed a paternity suit against my child's father - we were never married. In a deposition he admitted paternity. A judgment was entered and child support was orderd and paid by the father and he exercised supervised visitation until my child was almost a year old. At that time, we signed a Stipulation and Order to Set Aside Judgment of Paternity and his parental rights were terminated. (I could elaborate on the reasons for entering into the stip & order but I'm not sure they are relevant. The underlying basis was due to a child molestation of my other child for which charges were not filed.) My attorney advised that the Stipulation and Order were unenforceable in that a parent cannot waive child support on behalf of their child. My child now wants to pursue her father for back child support. Does she have standing to do so?

[Baystategirl]

California -- 21 years ago, while pregnant, I filed a paternity suit against my child's father - we were never married. In a deposition he admitted paternity. A judgment was entered and child support was orderd and paid by the father and he exercised supervised visitation until my child was almost a year old. At that time, we signed a Stipulation and Order to Set Aside Judgment of Paternity and his parental rights were terminated. (I could elaborate on the reasons for entering into the stip & order but I'm not sure they are relevant. The underlying basis was due to a child molestation of my other child for which charges were not filed.) My attorney advised that the Stipulation and Order were unenforceable in that a parent cannot waive child support on behalf of their child. My child now wants to pursue her father for back child support. Does she have standing to do so?

No. She does not.

[Xena]

his parental rights were terminated.

My child now wants to pursue her father for back child support. Does she have standing to do so?

YOU have standing to collect CS arrears that accrued from BEFORE his rights were terminated, your daughter does not.

Even if a child were able to collect CS arrears, your daughter wouldn't be able to because as of the date of the termination of rights, your daughter no longer has a father.