What would you like to do?
YES! Go to your local court and begin action now. Search to see if you mother did do anything at all. Paperwork may have already been started years ago. The Clerk will find the information for you. They cannot give you legal advice just give you the paperwork. The Friend of the court will deal with your case. I would first seek an attorney in this area and use the contingent fee process. Meaning, the attorney will get a 3rd of what you get in the end. This is the best way to go. Sometimes you may have to pay hourly. Get an experienced lawyer over 5 years in practice in Child support payments. You need someone who will know exactly what to do. Many lawyers will take a case and research the law and then act. Keep that information to yourself. Answer It may be possible if the state does not have SOL pertaining to child support. Attorneys will not accept this type of a case on a contingency basis unlike personal injury suits, there is little guarantee such a lawsuit would be successful. If the mother received any state assistance concerning the child(ren) it is highly likely that any monies recovered would belong to state rather than the adult child, even if the child paid all legal expenses. Such action contains many veritables and will be a complicated and lengthy and expensive process with no guarantees as to the outcome. A "friend of the court" or a Guardian Ad Litem, is a legal representative appointed by the court to represent a minor or an adult who has been declared legally incompetent, it would not apply in a case such as the one cited.
14 people found this useful
Was this answer useful?
Thanks for the feedback!
Answer It depends on what State you live in. The problem with getting back child support from your child's father is the courts take so darn long. There is such… a long waiting list. I know this is a difficult time for you, but in all honesty if you have the chance and the help it's best you take full custody of your child after you find a job and get someone to look after your child during working hours and make yourself more independent. There are many single parents who find someone they are in love with, get married and have a happy ready-made family. Good luck Marcy Answer The SOL is determined by the state where the support order was received or the state where the non-custodial parent resides whichever is the longest. If however the support payments were made through state social services the state retains jurisdictional rights for recovering the money owed.
This is a very complicated issue as the laws of the state determine whether or not an "adult" child can sue an obligated non complying parent for support arrearages. … Some states have SOL's relating to child support only allowing a specified time in which a non complying parent can be sued for his or her failure to adhere to court ordered support of a minor child/children. Very few state courts will hear a case brought by a child who has become the legal age of majority. The best option would be for the interested party to contact a qualified attorney who is licensed to practice in the state in which the minor child resided at the time he or she was due financial support from the parent, or a legal aid association for more detailed information. The majority of attorneys offer free or minimal fee consultations to discuss the viability of a potential client's litigation.
The answer is yes, if the parent was court ordered to pay the balance or sum ordered while the child was living with the custodial parent at that time . The child over 18 can …legally sue the parent ordered to pay the outstanding balance of the child's rearages that were not paid. If there was no court order I would consult an attorney to question other options available.
It depends on the laws in your state, check with the attorney general's office for your specific rights.
Yes, the Supreme Court ruled back child support is a protection of equal rights, so see an attorney or call your local court.
You have an 18 year old son who lives with his father who has sole custody from the age of 12 can he sue for back child support?
if the mother was a jerk enough to leave that poor kid and his father alone, yes.
No, in order for a lawsuit for child support arrearages to be valid the support order needs to have been in affect before the child reached the age of majority.
You are 17 years old and your father has never paid child support because you drew social security because he is disable with MS Can you sue him for back child support?
I don't know about all that, but I think what you are wanting to do is pretty stupid. Your 17 years old, and more than old enough to take care of yourself. You want that… money for stupid selfish reasons and you know what? It's just not right. Ok, so he wasn't there for you and he didn't help your mom pay for you and rasie you. Fine. Trying to get revenge is not EVER going to replace the love of a father, so get over it and stop being a whiny little bitch. Leave him alone, move on with your life, and grow the hell up!
Can a 33 year old son sue his father for back child support because he never knew where his father was and found him recently?
For what is he wasn't required to pay?
Up to age 18, retroactive five years maximum, if approved. Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement opposes this practice.
After a DNA test you have found that you are the father of a 23 year old daughter in NY Can she sue you for back child support?
Unless (probably even if) she's severely disabled, her chances are slim and none.
I am 24 and my mother opened a child support case when I was around 16 so he owes back support. My father paid her $200 a month, not through the system, but to her, they agree…d on this amount. He paid until I was 21. He still owes more. My situation is my mom never took care of me either, used it all on drugs. Then after I turned 18 she told me if I went to school and graduated she would me the monthly payments. Well I did go to school and graduate but around that time she was sleeping with my dad again (while married to my step father) and decided since they had there fling going on that he didn't have to pay anymore child support. I don't think it's ever been cancelled in the system it was just something they did. I live in California and I support myself. He makes over $10,000 a month and anytime I call for help he won't give me a dime. Can I sue him for the child support he still owes? I have read that I can. and don't say that money was for my mom for providing for me because she hardly did that. And child support is for the child, the child has the right to be provided for by both parents so the money should be mine since I'm grown and on my own right? By the way I was never with him at all during any of my life. I would get a birthday card maybe every 5 years if that.
The child cannot sue for child support; however, the custodial parent can.
Is it possible for a 21 year old to sue a parent for back child support even if it wasn't court ordered?
No, child support is a debt owed to the custodial parent, and not to the child. Depending on the state, a court might order the non-custodial parent to pay back child support …to the custodial parent. However, it will never be paid to the child, regardless of age.
If you're in the US, no, a child cannot sue his parent for child support (payment for child support is not due to the child).
Yes, but you will probably lose. Child support orders normally end when the child turns 18.