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Can someone file for back child support after the child reaches 18 in California?

Asked Apr 27, 2009, 06:32 PM — 5 Answers
My brother never paid child support and my sister in law had to raise the son by herself without his financial help. In the original divorce papers it says he has to pay child support but never did. Now he is 22 and really needs help for college. Can my sister in law or my nephew sue my brother for back child support? My brother now owns and runs a successful real estate business and has done so for years so has the funds.

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Krazi's Avatar
Krazi Posts: 358, Reputation: 353
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#2

Apr 27, 2009, 06:42 PM
If I remember correctly he/she could have took him to court at 18 and sued him. 18 is the cut off limit unless he/she is a college student and then the age is 21. I will look around for more info for yeah....
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cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
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#3

Apr 27, 2009, 06:51 PM
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Originally Posted by Krazi View Post
If I remember correctly he/she could have took him to court at 18 and sued him. 18 is the cut off limit unless he/she is a college student and then the age is 21. I will look around for more info for yeah....
There's no college-level support in California. Child support ends at 18 but continues as long as the 18-year-old is a full time high school student and ends when the child graduates or ceases being a full time high school student. In all cases it forever ends at 19.
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cadillac59's Avatar
cadillac59 Posts: 1,326, Reputation: 509
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#4

Apr 27, 2009, 06:53 PM
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Originally Posted by limygal View Post
My brother never paid child support and my sister in law had to raise the son by herself without his financial help. In the original divorce papers it says he has to pay child support but never did. Now he is 22 and really needs help for college. Can my sister in law or my nephew sue my brother for back child support? My brother now owns and runs a successful real estate business and has done so for years so has the funds.

Thanks
Your sister-in-law can collect the back child support that was ordered but not paid with interest at the legal rate of 10%. Have her open a case with her local Department of Child Support Services (DCSS) and they will collect it for her for free.
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Krazi's Avatar
Krazi Posts: 358, Reputation: 353
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#5

Apr 27, 2009, 06:56 PM
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Originally Posted by cadillac59 View Post
Your sister-in-law can collect the back child support that was ordered but not paid with interest at the legal rate of 10%. Have her open a case with her local Department of Child Support Services (DCSS) and they will collect it for her for free.
God your quick!

Lmao! +1 rep.
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ScottGem's Avatar
ScottGem Posts: 58,591, Reputation: 28385
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#6

Apr 27, 2009, 07:21 PM


The key here is that the divorce decree ordered child support. Its very difficult to get support for a time period prior to when you file for support. But if the support was ordered and never paid then she has every right to try and collect the arrearage.
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