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Is it possible for a 21-year-old to sue their father for back child support?
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.
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If a father of a child gets married and owes back child support can the new spouse be obligated to pay back back his child support in Texas with income tax refunds?
If you file joint and your tax refund gets intercepted, then you would have to file a "wounded spouse" form to get your portion of the refund. But beware, the child supp…ort office could hold the refund up to 6 months to clear all the paperwork before you get anything back.
i doubt it. as she is illegal, there's no record of her being in the country. thus, she doesn't exist in the country and she cant go to court without someone else papers or a …fake identification. Actually, child support does not request evidence of being here legally to open a case. They get 15% in federal matching funds on all child support paid. In this economy, they are not going to pass up every possible case to open.
yes, based on his ability to pay
YES. Perhaps. If you already have a court order you don't need to sue, you just need to collect. If you don't have a court order that is going to be a state by state and jud…ge by judge question. Almost across the board you will get support from when you file the case if you get a support order. However there is no answer on when you can get back due before you file. Ask for it. You may get it. And you may not. Most states have SOL's pertaining to child support arrearages.
YES!! They do have what is now called Child Support Jail && Court. They can keep you locked up for a certain amount of time. Like paying for a ticket by going to jai…l for a couple days. Or they also help you find a job so that you can start paying for child support. But they will automatically deduct 10-25% out of every check before you even get it.
Depends on your state laws. Some states have laws that any overpaid child support can be requested from the parent who received the support and if not, you can sue them for th…e overpayment. Check on your local state laws. Answer You must request the court (most forms are readily available at the courthouse or online) to end the responsibility. Otherwise, you are still on the hook for payments. If the child is in college, it may be that child support will continue--just depends on your agreement. Overpaid child support? Consider leaving the situation alone and moving on with your life.
Only for one year past the age of 18 for 2-18 years, depending on state law. But, know that a growing number of judges are ruling against these claims. If you have con…tact with him, let him know what you intend to do and that if you don't come to some type of settlement, he could be hit with a substantial arrears that could affect all his assets. Also, offer to do a paternity test using one of the kits that can be bought, online. You don't want to go to the expense of hiring an attorney, only to learn he's not your father, and that there's no claim. If you've had no contact with him, you should first check to make sure your mother didn't receive any. Many an adult child has gone to the expense of hiring an attorney to start a case, only to learn that their mothers had been lying to them. They were out hundreds of dollars in legal fees for the time the attorney had already put into the case. Contact the Clerk of the Court in each County/State where you have lived in the last 18 years to determine if a case has already existed before hiring an attorney.
Yes. Wrong! The only time some one pays "Back Child support" is if the work and do not pay the correct amount from their pay checks. If a person is unemployed the are n…ot liabel for child support. It is the same as if a mother is not working: she can get welfare and she does not have to pay back the money.
If a father hasn't paid child support for 18 years and that child is now 42 years old what can that child do to get the back support?
First, you need to check your state's statute of limitations for enforcing child support orders to see if it's possible to do anything at this point. If you made it thi…s far with out his support, why dwell on it now? Even though he should pay, let him be a part of your life. He probably doesn't have many years left on him. By making him pay, you would make him want to be distant. If you want to have a relationship with him, get it go. If you want money, make him pay.
Answer Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been order…ed to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.
Only if the obligee parent releases the claim or is deceased.
Yes, but you cannot ask for retroactive.
If it's your money, yes, but you will have to go through their appeals process first. If that doesn't resolve the problem, you may then sue the State in the circuit courts.
Depending on the age and state statues in your area. However in most cases a child CANNOT sue for child support. The child support claim has to be filed by the custodial paren…t.
I would contact a local attorney and explain your situation. In some cases, you may be able to sue the biological father for non-support. Just remember, if he didn't hav…e the money to pay child support, more than likely it will just be a moral victory. However, if the father has a business, home, or other assets, you may be able to have a lien placed against the bio father. My advice for you is to keep accurate records and when the child turns 18, have the child petition the court to have the child support paid to them. There is no statute of limitations on child support payments and states have agreements to cooperate in finding and collecting support. Good luck, BW
Yes. There is no statute of limitations on collecting past-due child support. Keep in mind that he might not have any money.
If he is the legal father of the child, then he has an obligation to support that child. You can contact child support enforcement in your state or you can retain an attorney …and file in the local family court. This is the usual step since you will be asking the court to enter a child custody order at the same time.