Here is the situation. My father owes a little over 30,000 dollars in child support. I am a 19 year old college, so the debt is still building. What I want to know is whether or not I can sue him for the back owed child support now or do I have to wait until I am 21 and he is no longer supposed to pay it. What procedures will I have to take? Also, will the money go to me or my mother? Any information that you can offer for a situation like this would be helpful. Thanks.
2007-04-27 20:04:15 · 8 answers · asked by MJMGrand 6 in Politics & Government ➔ Law & Ethics
I am still in college which means he has to pay until I graduate or until I am twenty one, that much I am sure of.
2007-04-27 23:21:31 · update #1
The money should go to your mom because the child support doesn't go directly to the child. It is for the custodial parent to help pay for food, clothing and shelter. Your mom is the one that should be going after him.
2007-04-27 20:20:27 · answer #1 · answered by Ryan's mom 7 · 1⤊ 1⤋
Most states yes, stops at 18. But if it is back child support owed, that can be a good debt for up to ten years! You owe and the child turns 18 does not mean you don't owe anymore. It means it stops not what you owed. Get in touch with child support where payments were suppose to be paid and get your mother to go with you.
2007-04-27 23:41:47 · answer #2 · answered by mark w 2 · 0⤊ 0⤋
i don't think u can sue your father for the back child support . he will still have to pay it back it will go to your mother i think u can go to family court and have it set up to go towards your schooling as long as your in school he has to pay but i do know you are suppose to get some of the money if your mother is on the county then then the money go to the county if she's not the the checks come to your mother for you and what ever needs to be paid. i hope this is some help for u.
2007-04-27 20:17:05 · answer #3 · answered by vanessa e 1 · 2⤊ 0⤋
i think the money would go to your mother because that is who your father was ordered to give it to so she could raise you. I think your mother should have gone to the D.A. a long time ago to get this started and settled. She should call the local District Attorney in your area and see if they can help her out to get this money from him. Once she gets it, she can use it for whatever she wants because she had to pay for all the things your father was supposed to be helping her with. And almost everywhere child support stops at 18 not 21.
2007-04-27 20:15:31 · answer #4 · answered by bubbles 5 · 2⤊ 0⤋
Any money that is owed in back support goes to your mother,not to you. That money is to repay her for the money she spent raising you with no help from your father.
Since the money is owed to your mother,she is the only one that can sue him.
Once the child is over 18,I believe the money can go to the child instead of the parent,unless you are still living at home and are still supported by your mother. My boyfriend paid child support directly to his daughter while she was away at college.He wasn't required to pay anything after she turned 18,but he felt it was the right thing to do to continue it until she finished college.
Good luck to you,most of the time in these cases,it is almost impossible to collect all the money.He certainly isn't going to fork over a lump sum of over $30,000.Sad,but true. Fathers who don't support their children are the lowest form of life.
2007-04-28 01:57:53 · answer #5 · answered by Jan 7 · 2⤊ 0⤋
I hate to be the one to break the news to you, but in most states (if not all) child support is only paid until you are 18yrs old. You could sue now and the money would be yours... you're a legal adult (the same reason he no longer has to pay). I would try to talk to him and reach a settlement in exchange for not taking it to court. You need to account for a) attorney fees b) how long it could be tied up in court c) the amount of time it would take to recieve the payments d) the size of each payment. Good luck.
*** Just thought about the fact that the payments were originally intended to go to your mother... I'd ask an attorney. There is a chance that she would be entitled afterall depending on the state. ***
2007-04-27 20:10:56 · answer #6 · answered by Anonymous · 2⤊ 2⤋
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2016-10-13 23:41:35 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Depends upon which state you lived in.
2007-04-27 20:10:50 · answer #8 · answered by a bush family member 7 · 0⤊ 1⤋