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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16215
Experience:  Licensed Texas General Practice Attorney
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Can my 21 yr old daughter sue her father for child support

Customer Question

Can my 21 yr old daughter sue her father for child support? We were never married and never had a written agreement but he always gave me money until she was about 14. Everytime I asked him about it he would just say he didn't have any money. I do know he was having some financial difficulties, and in the past he had always "caught up" When she was about 16, she started "lashing out verbally" at him and so from then on he said she didn't deserve his help. She is presently trying to put herself through college, working full time and going to school full time. I got sick in 2007 and have not worked since. I am on disability.
Submitted: 5 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 5 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Unfortunately, no. Delaware does not have a "retroactive" support statute, meaning that any support ordered would only be ongoing, looking forward. Further, support terminates at the child's 18th birthday, or upon graduation, but no later than 19. As such, without a written order, your daughter would not be able to get any ongoing support owed, and without an order already in place, she can't go after amounts that should have been paid (since there was no legal obligation at the time to pay them).

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you do click "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!