Backowed Child Support

[sr61243]

My question involves child support in the State of: California, Washington, Arizona.

I have a rather complicated question, and would appreciate any advice. My mother (who has always been fairly poor) became pregnant with me in an affair with a married man of considerable wealth (hundreds of millions of dollars). He told my mom he would not pay child support. He forced her to sign a document stating she would not request child support, saying that if she didn't sign it, he would sue her for custody of me and tie her up in litigation for years trying to get custody of me (with the implication that I would have a terrible life if/when he won). She was afraid of this and agreed to sign the document. When I was older (15-16 years old), I was told this arrangement was illegal. By this time, however, my mom was suffering from severe anxiety problems and panic attacks, and was unable to assist me in any potential lawsuits (I was living with my grandmother by then, because of my mother's problems). I am now 24 years old and graduated from college. I would like to go to law school, but because of the massive debt I owe for my undergraduate degree, that seems impossible. My first question is whether or not he owes my mom or myself any money. My second question is whether or not a lawsuit over any potential money could be conducted without my mother being required to appear in court or be excessively involved in the case (her anxiety makes it difficult for her to even look at paperwork, let alone go to court).

PS: My father has lived in California the entire time, while I was born in Oregon and lived primarily in Arizona (while with my mom) and Washington (while with my grandmother).

Thank you for any help.

[Xena]

My question involves child support in the State of: California, Washington, Arizona.

I have a rather complicated question, and would appreciate any advice. My mother (who has always been fairly poor) became pregnant with me in an affair with a married man of considerable wealth (hundreds of millions of dollars). He told my mom he would not pay child support. He forced her to sign a document stating she would not request child support, saying that if she didn't sign it, he would sue her for custody of me and tie her up in litigation for years trying to get custody of me (with the implication that I would have a terrible life if/when he won). She was afraid of this and agreed to sign the document. When I was older (15-16 years old), I was told this arrangement was illegal. By this time, however, my mom was suffering from severe anxiety problems and panic attacks, and was unable to assist me in any potential lawsuits (I was living with my grandmother by then, because of my mother's problems). I am now 24 years old and graduated from college. I would like to go to law school, but because of the massive debt I owe for my undergraduate degree, that seems impossible. My first question is whether or not he owes my mom or myself any money. My second question is whether or not a lawsuit over any potential money could be conducted without my mother being required to appear in court or be excessively involved in the case (her anxiety makes it difficult for her to even look at paperwork, let alone go to court).

PS: My father has lived in California the entire time, while I was born in Oregon and lived primarily in Arizona (while with my mom) and Washington (while with my grandmother).

Thank you for any help.

If there was never a court order for CS then no, he does not owe you or your mother anything at all.

Even if money was owed, it would have to be your mother who would persue it.

Unfortunately for you, your mother never went to court to enforce her/your rights and it is too late now to do so.

[momsk9]

I think that last answer was dead wrong. In California, at least, the law states that parents cannot go into any agreement to not pay child support! Your mother, through you, can get an attorney who will tell you how to go about it. The attorney will charge you/her on a contingency basis, but you can do a lot of the work yourself. It is never too late to go for the child support she is owed. It will be a time consuming and difficult battle, but your mom and you deserve to be paid the money this creep owes you!

[525601minutes]

While I agree that the Court will not enforce an agreement of non-payment (while the child is a minor) ... I also do NOT think that CS can be ordered six years after the child has reached the age of 18.

momsk9 - please show us where the law allows such an action
http://www.leginfo.ca.gov/cgi-bin/ca...body=&hits=All

[EA1970]

I think that last answer was dead wrong. In California, at least, the law states that parents cannot go into any agreement to not pay child support! Your mother, through you, can get an attorney who will tell you how to go about it. The attorney will charge you/her on a contingency basis, but you can do a lot of the work yourself. It is never too late to go for the child support she is owed. It will be a time consuming and difficult battle, but your mom and you deserve to be paid the money this creep owes you!

This is incorrect.

If a support order had been established, it would be payable to the mom anyhow, not the child.

A support order was never established, and the child in this case is beyond the age of majority.

I can't see any court going back in these circumstances and now ordering that support be paid.

The mom can always make an appointment for a consultation with a family law lawyer to have this verified, but the child has no standing to bring any action in this situation.

And a contingency basis? For family law? No.