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maherdt · Dec 22, 2009, 10:16 AM

I am 39 years old and I am the product of an inter racial relationship in the early 70's. My mother opted to never take my biological father to court for child support because his family didn't know about the affair. My biological father recently told his adult kids about me and they have taken steps to prevent him from contacting me and helping me financially by having him committed as being incompetent. I now have no contact with him, what steps can I take to establish paternity and pursue child support that was due to my mother and myself until I was 18. I live in the state of KY and it is not clear what the statutes of limitations are in regards to adults seeking back child support.

Gem_22205 · Dec 22, 2009, 11:10 AM

If a child was born out of wedlock and the father has not admitted that the child is his, he cannot be ordered to pay child support until his status as the father has been legally established. This can be done one of two ways:

1. By Agreement: The father and mother can sign an "Affidavit of Paternity" and file it with the Kentucky Office of Vital Statistics, which will then change the birth certificate. Call (502) 564-4212 to obtain the proper form.

2. By Court Order: A court can declare a man the father, order him to pay support (including the mother's hospital birthing expenses), and place the father's name on the child's birth certificate. A paternity suit will be brought by the county attorney or an attorney for the Cabinet for Families and Children on behalf of the mother or other person caring for the child.

Child Support in Kentucky:

As far as my understanding goes, a child support order would need to be in place (obtained by your mother prior to you turning 18), which he subsequently failed to pay, then SHE can pursue it. And the money would be due to HER, not YOU. But if there was never an order in place, neither one of you can do anything now that you're an adult.

As for DNA testing, I believe that the state would hold no jurisdiction over the matter, it would be private.

I would recommend seeking legal representation as far as to the accuracy to what I have presented. There are a number of great legal minds associated with AMHD (Ask Me Help Desk) who, I am sure, know of other legal options available to you.