You should consult an attorney to discuss your options and whether a child can sue for back child support in your state. There may be a statute of limitations.
No. If the state is supporting the mother and child the mother has no right to free the father from his responsibility to support his own children. The state will pursue him for child support.
No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.
Child support arrears do not go away. If the state supported his child for a period of time then he must pay the arrears.
Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.
Your mother should have pursued your father in court for child support when you were young. In most jurisdictions you have no legal standing to sue your father for child support now, and especially if there was no original child support order. If there was an order at some time your mother may be able to sue for arrears but that seems not to be the case.
It all depends on WHO the arrears are being paid to. If the father was paying support directly to the mother, the back support/arrears would go to the mother. The support was never owed to the child, who has no standing in it. The payments are supposed to assist the mother by helping her to raise the child until the legal age of adulthood or whatever age was specified in the support decree. The support money belongs to her and if she chooses to turn it over to the child that his her business. Legally, the child has no claim on it. ON THE OTHER HAND: If the arrears are being paid to the state - the father is simply reimbursing the state for spending taxpayers money to support her for all the time he did not pay, and neither the mother nor the child has any claim on it.
No, but he can be fined and jailed.
Do not do it. The arrears need to be paid and no amount of giving way will ensure that the father will change his habits in the future. Let him take care of the current problem on his own. He is an adult and your child comes first.
You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.
The parents should return to court to change custody and terminate support. The court may order the mother to pay support and might credit her for the father's arrearage.
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
No, child support is established to Support the Child. There are usually clauses within a Divorce decree or Separation agreement that indicate when Child Support stops -- usually at eighteen, or if the chidl marries, or if the child dies.