Can an underage child sue their father for child support if the father stopped paying for child support after 3 months?

Answer 1

No, this is up to your mother or guardian (which could be a grandparent or uncle/aunt.) Although it's quite disgusting that some fathers refuse to take some financial responsibility for their children it does happen often. I really respect you for coming on this board and the fact you are willing to try and go after your father. You seem like a very mature young person. Perhaps you could sit down with your mother or guardian and see if they will take this to court. The courts (although it takes a bit of time) will go after your father and even dock his pay for child support if he stops making child support payments again. I'm proud to have met you on this board and you have that talk with your mom or guardian. Good luck God Bless Marcy

Answer 2

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.

Answer 3

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 contact 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.

Answer 4

Depending on the state, she has until the child turns 18 to 23 to file for up to 18 years retroactive support.

Answer 5

She most certainly can.

Answer 6

No.