My daughter is 18 years old and incarcerated in the state of Tennessee. I was ordered to pay child support based on a phantom job that the judge gave me. I am unemployed. Now I am being hit again from the state of Tennessee, trying to establish a court order for child support for when we separated divorced in 1995. I can't afford to hire an attorney in Tennessee, and the state of New Jersey says there is nothing I can do. Can a child support order be established just for the arrears when no order was in place for child support 12 years ago? What can I legally do about this situation? Father's have no rights. I sent her monies in check and credit cards and she told me that if I didn't file for joint custody of our daughter, she would not take me to court for child support. I paid what I could anyway. Is there anything that I can do, and afford to do at this point?
I am not licensed in the state of Tennessee. Laws will vary so I also recommend consulting an attorney in Tennessee. Yes, child support can be established retroactively. I assume no current support is being sought since your child is incarcerated. There is usually a statute of limitations for establishing support. Since your child is only 18, it is unlikely that the statute of limitations has run. I am confused as to why no support was ordered at the time of your divorce in 1995. If the court order at the time of your divorce was for 0 support, then any new order should only go back to the time a petition to modify support was entered. If support was ordered in 1995 then you owe that support. Support is your child's not your ex wife's. Your ex does not have the power to waive the support on her behalf. I recommend having an attorney review the court orders and advise you on your options.