Daughter wants to sue for back child support

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Latest post 08-09-2010 9:08 PM by Dawn_1970. 13 replies.
  • 08-07-2010 8:35 AM

    Daughter wants to sue for back child support

    My daughter is turning 18 in a few weeks. When her father and I divorced back in 97 I was granted child support for her. When she was 15 we had the court order changed and it was granted that he pay her the owed child support. When she turned 16, he took us back to court to modify the custody of her, and lost, because of this, he got mad, and completely stopped paying child support. Now that she is just a few days from 18, she wants to file an order against him for the child support that has not been paid. Is she in her rights and what willl she need to follow thru with this?

  • 08-07-2010 8:39 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: Daughter wants to sue for back child support

    You can press to get paid as ordered, why not?

    But its NOT her case! Money is owed for her NOT to her.



  • 08-07-2010 8:40 AM In reply to

    Re: Daughter wants to sue for back child support

    She would need to file for contempt, have him served, and have her exact amount owed itemized out from the date he stopped to present to the judge.  It's sad they do not have a better relationship.  As a father, I cannot imagine a world where she came to this conclusion on her own.

  • 08-07-2010 1:14 PM In reply to

    Re: Daughter wants to sue for back child support

    First of all, she is almost 18, so no one needs to tell her anything when it comes to making conclusions. We, her and I, have been dragged in and out of court by her father since he and divorced. It's really a shame that he just couldn't be happy with the fact that he wasn't married to me, but instead, has spent up until the last court where he tried to get custody and lost, harassing both of us. He told her to her face, the only way she would ever get anything from him again was to take him to court, and that is exactly what she plans on doing. I as her mother, have advised her that sometimes it isn't about the money, but about the relationship she will have with her father in the future. He has ruined that with everything he has or should I say hasn't done.

  • 08-07-2010 6:28 PM In reply to

    • lady liz
      Consumer
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    • Joined on 11-04-2009
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    Re: Daughter wants to sue for back child support

    I don't know if it would be her that sued or you-but you do have the right to the support he was ordered to pay.I think the best thing you could do is contact your local family court and ask them what steps you need to take to get what is owed to you and your daughter.I am so sorry that this has happened to you.I hope it works out.Some people can be truly ugly and hateful,and your ex seems to be one of those .

  • 08-07-2010 10:35 PM In reply to

    Re: Daughter wants to sue for back child support

    Dawn_1970:
    First of all, she is almost 18, so no one needs to tell her anything when it comes to making conclusions

    As another post mentioned, SHE cannot legally pursue this.  YOU can period.  Being mad etc., was a stupid move by your ex-husband.  YOU can/should contact your local Child Support Enforcement Agency. 

    After you fill out the required documents, they will open a case agianst your ex-husband, and work their "magic" to recover the court ordered child support arrears payments to you.

    The bottom line: Only YOU can start the process, as the money is owed to you (for her expenses), not her.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 08-07-2010 11:19 PM In reply to

    Re: Daughter wants to sue for back child support

    Dawn_1970:
    When she was 15 we had the court order changed and it was granted that he pay her the owed child support.

    Was this a mistake in your explaination?  It is hard to beleive a court would grant a direct CS payment to a minor child.

    • Did you mean the court granted a change to your ex-husband's CS from the original amount ordered in 1997?
    • The CUSTODY issue was NOT a reason to stop the court ordered CS, and he is in contempt of court.

    "Now that she is just a few days from 18, she wants to file an order against him for the child support that has not been paid".

    • No, but you can.  You can file through your local Child Support Enforcement Agency. 

    After you receive the CS in arrears, if YOU choose to give it to your daughter, that is your business.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 08-08-2010 12:36 AM In reply to

    Re: Daughter wants to sue for back child support

    Please stay your daughter away from your case.  It is YOU.  Go to your local child support enforcement office this Monday.

  • 08-08-2010 2:22 AM In reply to

    Re: Daughter wants to sue for back child support

    From this post I "conclude" the following:

    Ex-Husband / Father is being a jerk.  His poor decision not to provide Child Support as ordered by the court might have put him in Thousands of dollars in arrears.

    Ex Wife / Mother has the option to contact NC CSE.  Daughter would like to do this, but she cannot. 

    https://nddhacts01.dhhs.state.nc.us/home.jsp

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 08-08-2010 2:32 AM In reply to

    Re: Daughter wants to sue for back child support

    Rocktosh:
    There is no need to rush to court before that date.

    I disagree. There will be a statute of limitations for filing the claim. That clock is running. And since the poster did not say in what state the order was entered (and we cannot assume that it is the state in which the poster is presently located), there is no way to know if the statute of limitations is about to run out for some portion of the claim. She and her daughter ought to take the last child support order to an attorney in that state ASAP to determine which of them has the standing to sue and to get the process started before the SOL bars them from getting part of the claim. I'm skeptical that the child has the claim here, since that would be most unusual. But not having read the order, I cannot say what the deal is. But the poster needs to figure that out, and that starts by getting a lawyer to review the last order of the court.

  • 08-08-2010 3:26 AM In reply to

    Re: Daughter wants to sue for back child support

    Taxagent:
    There will be a statute of limitations for filing the claim. That clock is running. And since the poster did not say in what state the order was entered (and we cannot assume that it is the state in which the poster is presently located),

    All true.  I assumed the OP was in North Carolina.

    It seems that in North Carolina, the SOL on Child Support is 10 years.  So the Custodial Parent might want to start actions for collection IF She is Still Living in that state, and the jurisdiction is still in that state .

    http://www.dhhs.state.nc.us/dss/cse/statutes.htm

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 08-09-2010 9:08 PM In reply to

    Re: Daughter wants to sue for back child support

    I reside in NC, the jurisdiction is in IL.

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