WHat happens when child turns 18 and back support is owed?

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Latest post 01-04-2012 10:17 PM by kileyjae. 3 replies.
  • 01-04-2012 5:20 PM

    WHat happens when child turns 18 and back support is owed?

    What happens if arrears are owed and parent aggressively pursues it? Can they get the person put in contempt and thrown in jail even many years after child becomes adult if no payments are made? My ex owes me 20,000 and the child is 20. I did not really pursue in the past few years and not even sure of status of case- person is in Delaware.I got irregular payments for many years.

    Also if parent who owes support was to die- would the estate be expected to settle the debt like if you went in front of a probate judge or something?

  • 01-04-2012 6:14 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: WHat happens when child turns 18 and back support is owed?

    Laymans guess:

    Generally speaking the CS remains due to the named parent and all the remedies and sanctions remain in effect --but I suspect the local judge won't toss him in jail as quickly for contempt if the person tobe supported is no longer a child in need. .

    However in some states there is a time limit on how long you can snooze before the debts turn legally stale

    Yes, the estate should owe the debt if not otherwsie legally stale but if you fail to present a prompt claim against the estate then by operation of estate law your claim quickly becomes stale

    You cannot squeeze blood out of a stone --but unless EX is truly destitute and w/o any means to pay I suggest you crank up your collection efforts

    I suspect DE law governs as to when your ability to collect from a DE resident turns stale but I simply don't know.



  • 01-04-2012 10:17 PM In reply to

    • kileyjae
      Consumer
    • Not Ranked
    • Joined on 08-03-2001
    • TX
    • Posts 16

    Re: WHat happens when child turns 18 and back support is ow...

    My ex owes close to $15k in back support.

    His check was garnished for the last two years (when son was 16~18) for $167 weekly. When my son turned 18, the payments dropped to $26 weekly. The CS apparently stopped, and, now they are taking the absolute minimum for arrears?

    I would pursue it, but, not sure it will be like regular CS payments, or, the bare minimum like I am getting.

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