Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I need advise on my case, I want to sue my biological father. It all started before I was born, he left my mom one month before I was born.Few months after I was born he told his brother that he’s not coming back for good cause me and my mom is a burden to him. After my mom labour he ask his brother to give my mom one dollar each month, does that a dollar a month considered he’s paying for my food? If it’s not then he doesnt pay for my food, stay and education till im 18 years old. My mom left with me when im one years old cause she cant take the abuse no more, she was molest by his brother and almost rape by his brother-in-law.It seems that they have the green light to do what they want to my mom after he has utter the words that he dont want us and not coming back. The reason of suing him now is because I need a transplant. One of my eye is blind due to an injury when im 5 years old, and im having problem with the normal eye. So i need to do a transplant soon in order for me to get my normal eye repaired. Im hoping to get something from what he owe to me since I was born till im 18 years old to help finance my transplant. I just wish I can have a really normal life after this cause iA never have those feeling ever since i was born. There’s actually a lot more happen that I have to say here but it’s already a long question on my first visit. I have one main obstacle, he’s American of Malaysian-born-origin living in California, married few years after i was born and im Malaysian living in Kuala Lumpur. Im 33 years old now. Can my age now sue him? Do i have a case against him?”I do not know of any law that would allow you to initiate legal proceedings for back child support after the child (you) has reached the age of 18. Since that is 15 years ago, if there were any statutes of limitations, they almost certainly will have run by now.
Question: You may be able to maintain an action of current support of your needs. Under California Family Code Section 3910 (a) “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.” If you fall under this “incapacitated” and “without sufficient means” standard, you could proceed against one or both of your parents in an independent civil action to try to be supported during this time in your life.
Answer:
In my years of practicing family law I have never taken on a case like yours. If you pursue an action it might be important that you get additional opinions and find an attorney experienced in actions such as this.
