Can You Seek Back Child Support After the Child Turns 18

My question involves child support in the State of: Massachusetts

If the child is 18 and paternity is just now being establish, can you go to court for back child support?

Not likely

2. Who is eligible for services?
Either parent or a child's guardian may apply for services to:

Enforce and collect an existing child support order; or
Establish paternity for a child under 18 years of age; or
Establish a child support order for a child under 18 years of age; or
Modify a child support order for a child under 18 years of age; or
Enforce past-due support owed under a court order for child support.
If you apply for services, both you and the other parent become our customers.

http://www.mass.gov/dor/child-suppor...ation-for.html

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Quoting bethyburke

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My question involves child support in the State of: Massachusetts

If the child is 18 and paternity is just now being establish, can you go to court for back child support?

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how is paternity being established? voluntary dna test?

The law authorizes the custodial parent to seek retroactive support within the context of paternity litigation. What the court might allow will depend on the facts and equities of the case.

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Quoting Massachusetts General Laws Chpt. 209C, Sec. 9(a)

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(a) If the court finds that a parent is chargeable with the support of a child, the court shall make an order in accordance with subsection (c) requiring a parent to pay weekly or at other fixed periods a sum for and toward the current support and maintenance of such child. The court may make appropriate orders of maintenance, support and education for any child who has attained age eighteen but who has not attained age twenty-one, who is domiciled in the home of a parent and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. Upon the petition of a party, the court shall also order past support for the period from the birth of the child to the entry of the order, taking into consideration the parent’s ability to pay under subsection (c) and any support provided by the parent during such period. An order or judgment of support pursuant to this chapter shall be entered notwithstanding the default of the defendant or his failure to appear personally upon a showing that notice was served in accordance with the applicable rules of court. For good cause shown, the court may set aside an entry of default and, if a judgment has been entered, may likewise set it aside in accordance with rule 60(b) of the Massachusetts Rules of Domestic Relations Procedure. When the court makes an order or judgment for maintenance or support of a child, said court shall determine whether the obligor under such order or judgment has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support judgment or order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child. An order may be entered requiring a parent chargeable with support to reimburse the mother or the department of transitional assistance or the office of Medicaid or the executive office of health and human services for medical expenses attributable to the child or associated with childbirth or resulting from the pregnancy.

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Quoting JulesJam

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how is paternity being established? voluntary dna test?

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As of now, voluntarily with the grandmother, not the father. He is still denying that he's the father.

A grandparent has no standing.

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Quoting bethyburke

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As of now, voluntarily with the grandmother, not the father. He is still denying that he's the father.

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that will not be admissible evidence. You will need to file with a court for child support and get paternity established by a court.

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Quoting Disagreeable

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A grandparent has no standing.

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standing isn't the issue. the admissibility of the evidence is the issue. the issue is that this is not a court ordered dna test of the father. They are trying to use the paternal grandmother's dna.

That's not how paternity litigation works.

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Quoting Mr. Knowitall

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That's not how paternity litigation works.

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I live in a different state, how do I go about getting started with a court ordered DNA and child support proceedings?

Honestly, if you have little or no knowledge of family law, then what you do is retain an attorney in the state where the child lives, and let THEM bring the case, file the motions, etc.

If you want to try to make a go of it on your own (not advised) you can check the website for the Clerk of Court in the county where the child lives; many of them have excellent information, guides, forms, etc. If 18 years has already gone by and paternity hasn't even been established yet, you are likely to run into multiple types of issues and challenges where an EXPERIENCED attorney may be the only thing between you and a big fat nothing. Time and circumstances are likely not on your side here, and trying this as a "do it yourself project" has propencity to end up in frustration.