Start Your Divorce Today - Premium Divorce Online

Topic Options
#155850 - 10/18/06 10:59 PM Just my curiosity
SCImike Offline
newbie

Registered: 09/28/06
Posts: 37
Just curiosity, if the order is there but the paying parent stopped paying the support at the child age of 8 and disappeared or the CP ignore the issue for 10 years and after the child turns to 18 who is not qualify for child support any more, can the child sue the parent for the arrears or the CP can sue for the arrears? Is the CPs burden to track down the other parent for the child support during those 10 years? Is the CPs duty to bring this matter to the court during those 10 years? Will this arrears become no issue after so long that the CP did not need the $ from the other parent?

Top
#155851 - 10/18/06 11:05 PM Not the child [Re: SCImike]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
because the money was due to the CP and the CP had to bear the full burden of raising the child without support from the NCP. I don't believe there's a statute of limitations on arrears. It won't just go away. I think the CP can take as long as they need to find the NCP.

Top
#155852 - 10/18/06 11:23 PM Re: Not the child [Re: Melody]
tsl Offline
Pooh-Bah

Registered: 06/24/04
Posts: 2274
I will have to look for the exact "law" on this. But there is something on this. The CP can go after the arrearage for like 10 years after the child is emancipated. After that, what is still owed, the child can go after it.
_________________________
Duct tape can't fix stupid but it can keep them out of the way."

Top
#155853 - 10/18/06 11:27 PM I'd be interested [Re: tsl]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
because I've always been under the impression that the money is not owed to the child once they became 18, but to the CP who never received it in the first place. The CHILD didn't bear any burden from not being paid...their PARENT did, so it's reimbursement to the CP for money that he/SHE had to spend on behalf of the deadbeat who never paid their share. I believe only the person to whom child support was owed is entitled to fight for it.

Top
#155854 - 10/18/06 11:27 PM Re: Not the child [Re: tsl]
AnneB Offline
Carpal \'Tunnel

Registered: 09/21/05
Posts: 3645
It varies by state so you will have to check your state guidelines. In Texas the statute of limitations to sue tolls 10 years after the child's 18th birthday and you can only go back 10 years of arrearages unless the amount has already been reduced to judgment. Also, under a new law in Texas the child can sue the parent after they turn 18 if the parent to whom the money was orignally owed has not sued. I wonder how popular that will be...because then the money goes to the child and not the parent. If I can find the link quickly, I will post it.

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

but this is the whole family code...happy reading. Your state probably has something similar. Google it.

Top
#155855 - 10/19/06 01:11 AM It depends on the state... [Re: tsl]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Some are 10, some have no limits, etc. Like in WV, it's 10 years...BUT 10 years after NO ACTIVITY. Meaning if ANY activity (one payment, one request for the state to review the case, anything) takes place, a new 10 years start from that date. And, all a CP has to do is file a final judgement when the child turns 18 and a final judgement never goes away.

I've heard of some cases BTW, where the parent didn't sue and the children did and the courts awarded them the arrears...like if the CP had died before they collected.
_________________________
Char Fox

Top
#155856 - 10/20/06 04:09 PM Re: It depends on the state... [Re: almostheaven]
cnik3234 Offline
recently joined

Registered: 10/20/06
Posts: 2
when did New York change the age child support is paid from 18 to 21?

Top
#155857 - 10/20/06 04:52 PM Re: It depends on the state... [Re: cnik3234]
NancyD Offline
Pooh-Bah

Registered: 06/03/05
Posts: 2118
Loc: New York
I think it is 21 only if the child is enrolled full-time in an accredited college.

Top
#155858 - 10/20/06 08:13 PM Re: It depends on the state... [Re: NancyD]
mussersmom Offline
addict

Registered: 11/06/05
Posts: 404
It's 21 no matter what in NY...

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: