I’m almost 25, my parents have been divorced since 1988. In that time my father never paid court ordered child support. Is he still responsible for the back child support? If so, who would it go to, me or my mother? Is there a time frame in which either of us would have to take action?
The money would be due your mom as arrears (unpaid back support).
Whether there are arrears would depend on whether your mom ever had a case open with a child support agency (county or state). If a case was never opened, she may be able to obtain a judgement but it might be difficult. If a case was opened the county should continue to attempt to collect until your father dies or pays in full.
Contact the county attorney or child support office in the area where the court order was established. They would have more info. Please note that due to data privacy they would not be able to give you case specific information as you are not a direct participant of the case (only your parents are).
There was a woman I knew who’s parents were divorced and her mother died right before she turned 18.
She sued her father for back child support and won.
So I guess the answer would be yes based on that case.
Also, some states would require him to continue to support you if you were still in school pursuing a four year degree (so long as it was your first degree).
Some states have no statue of limitations on arrears, some do. (10 years, 20 years, etc. , some are much shorter.)
Check with the state the order was initiated.
It would be owed to your mother.
har har har. You know, those big, bronze statues of limitations. 
ahem statue=statute
And amazingly, as I was typing this correction, I missed the second t again, but caught myself.
Okayyy then.
lol. Make that the third t.
I’m calling it an early day. :smack:
Here’s a list of state’s statutes , though I don’t know how current those actually are.
In speaking with a case worker recently, I was just informed of something I’d never heard before. If I were to close my case now for any reason, all arrears owed to my children would disappear. Neither I nor my children would be able to claim them.
Also, some states add interest to arrears, and some don’t. For example, California adds 10%, and the interest is paid before the principal.
Try calling your local child support office (or the office of the state/county the order originated) and see what they have to say.
Try saying that three times fast!
Or, perhaps, typing it once.
::d&r::
Yes, definately.
One of the more common ways to collect these arrears is from the proceeds of the deadbeat parent’s life insurance policy, after they die. And the ‘child’ may well be retired themself by that time!
In Minnesota, the Child Support Enforcement agency has an employee who watches the obits, and files a claim whenever a deadbeat’s name shows up.
In some states, the statute of limitations may prevent collection after this long. But many states have specifically exempted child support from these limitations.
Much of that though is on a county to county basis. Hennepin County no longer has a probate division of child support, they were absorbed into the “regular” caseload employees. As a rule, if an obligor falls off the face of the earth, we check the death index and/or newspapers. We also receive automatic (but delayed) information straight from social security. No one here has a job scanning obits. I have not heard of anyone at the state level scanning the over 250,000 cases we have for dead parties either.
If the arrears have been placed into a judgment a lien can be placed on an estate and the party could collect on it, but it’s been my experience that we no longer try hard to collect on estates.
And it is true that a government entity can collect forever. I’ve had cases where the children were in their 30’s-40’s and we were garnishing RSDI for back support.
Picturing myself as a lay juror without a judge’s instructions to the contrary, I’d say you are SOL. You had five or six years as an adult to bring this up and you didn’t. It’s time to move on.
Unless there were extenuating circimstatnces, I would hope not. That money belongs to the custodial parent, not the child.
In the case Odinoneeye brought up I can personally see how this would make sense but if the custodial parent is still walking the Earth I’d say “hell no.”
I suspect that in this instance the child succeeded either because she was the executrix of the mothers estate, or the executor(ix) of the estate successfully sued on behalf of the estate, and the daughter collected on inheritence. It is highly unlikely that the daughter won as herself. As others have pointed out, she would not have the standing to sue otherwise.
It follows I believe, that that only one of the parents can sue the other in regard to child support, and that their successors to this rightin action can also sue. The child is not able to as she is not party to this arrangement.
Here be small print: IANAL, especially not one in your jurisdiction
I have a question, what if your father died (you just found this out) and made a good living, he owns two houses while you and your mother lived in a studio with mice and roaches struggling. Now he never paid child support can the child (now and adult) get something even though he is dead. Obviously he lived well and left some property
If there was no court order for support, the mother was not married to him at the time of his death and was not named in a will if he had one, she’s probably out of luck. The child, however, may have a claim for a portion of the estate, depending on state law…assuming the estate has not been finally settled, and assuming paternity has been or can be established…
If there was court ordered support that was unpaid, the mother and/or the child may have a claim against the estate for that amount as well.
Must have been a really run down studio if the mice and roaches were struggling.
And don’t even mention the zombies.
To reply to the Resurrection Post - AFAIK you can’t slap someone for back child support if it was not asked for. It defies social justice, let alone all but the most politically correct mindset, to hav someone suddenly discover - “what, I owe 18 years times 12 months times $900?” There’s usually a timeliness issue; you can ask for support going forward if eligible, you can ask for payment of debts established with the original support agreement but not paid - but retroactive is very tricky.
But as already mentioned - a child is entitled to a part of his parent’s estate, unless specifically excluded in the will. IANAL, but as I understand, if the will does not say “I leave my bastard son Johnny zero dollars” the argument is the parent “forgot” and the will may be invalidated and the default sharing mechanism for the state kicks in.
OTOH, after the estate is settled and divided up, it is a bit too late to come forward with a claim. I’d like to hear a real lawyer’s explantion of whether it’s possible to undo a finalized estate, but from what little I know, at a certain point it’s “final”. That’s why they publish the annouements, and anyone with a claim against the estate has X months to state their claim.
This
suggests you need a really good reason for waiting too long.
And under UK law: http://www.lindermyers.co.uk/faqs-for-beneficiaries_155.html