Ask Me Help Desk - Can you sue for back child support after the child has reached the age of 18?

My mother is a jealous person. My father has always paid child support even when he had nothing, now that he has something my mother is suing him or is talking about suing him for back child support. Can this be done? Also could my father counter sue for defamation of character? I looked up the legal definition of "defamation of character" and a part said "decreases the respect, regard, or confidence in which a person is held"

Thank you in advance.

Quote:

Originally Posted by CharlieGolden

My mother is a jealous person. My father has always paid child support even when he had nothing, now that he has something my mother is suing him or is talking about suing him for back child support. Can this be done? Also could my father counter sue for defamation of character? I looked up the legal definition of "defamation of character" and a part said "decreases the respect, regard, or confidence in which a person is held"

Thank you in advance.

If there was a Court Order to pay support and he didn't pay it or didn't pay the full amount, yes, she can drag him into Court literally until he dies.

If she is trying to get an Order now for past years (when there was no Order) she will "probably" not succeed. I believe one State allows a person to file as far back as the person wishes. Not in NY, where I am. You can only go "back" to the date you filed. If child support ends at 18 in your State and you are 18, she cannot collect.

Briefly and legally - Defamation is an INTENTIONAL false spoken or written communication, that harms another person's reputation OR decreases the respect, regard, or confidence in which a person is held OR induces disparaging, hostile, or disagreeable opinions or feelings against a person. That's the legal definition.

Defamation can be either a criminal or civil charge - or both. It includes both written statements (libel) and spoken statements (slander).

How has your mother defamed your father? Keep in mind that someone has to believe the statements and that person has to change his/her opinion of your father.

For example, if your mother says your father is a deadbeat and everyone pays no attention or brushes her off or thinks it's a joke, that's one thing. If she says the same thing and he loses friends or business or MONEY (which is ultimately what you sue for), it's another.

What exactly has your mother done?

If there was no court ordered support, then he didn't pay support, he gave gifts to your mother. If the support was court ordered, she can request a modification due to a change in circumstances, but not more than that.

As for defamation the remarks would have to be public and he would have to show how he was damaged by them.

Quote:

Originally Posted by JudyKayTee

If there was a Court Order to pay support and he didn't pay it or didn't pay the full amount, yes, she can drag him into Court literally until he dies.

If she is trying to get an Order now for past years (when there was no Order) she will "probably" not succeed. I believe one State allows a person to file as far back as the person wishes. Not in NY, where I am. You can only go "back" to the date you filed. If child support ends at 18 in your State and you are 18, she cannot collect.

Briefly and legally - Defamation is an INTENTIONAL false spoken or written communication, that harms another person's reputation OR decreases the respect, regard, or confidence in which a person is held OR induces disparaging, hostile, or disagreeable opinions or feelings against a person. That's the legal definition.

Defamation can be either a criminal or civil charge - or both. It includes both written statements (libel) and spoken statements (slander).

How has your mother defamed your father? Keep in mind that someone has to believe the statements and that person has to change his/her opinion of your father.

For example, if your mother says your father is a deadbeat and everyone pays no attention or brushes her off or thinks it's a joke, that's one thing. If she says the same thing and he loses friends or business or MONEY (which is ultimately what you sue for), it's another.

What exactly has your mother done?

My mother talked to a lawyer who happened to be great friends of my dad because he privately loaned him money to start his firm. Any way... my father (who has paid all child support) was told by the lawyer that my mom's exact words were "if I can't sue for back child support, I would at least like to get him in trouble with the IRS because i know he is hiding money that his business makes for tax evasion"

So the break down is my father is being investigated by the IRS because my mom his making false accusations towards my father.

Quote:

Originally Posted by CharlieGolden

So the break down is my father is being investigated by the IRS because my mom his making false accusations towards my father.

OK, then, when the IRS closes its investigation, he can then sue her. Assuming he is exonerated.

Quote:

Originally Posted by CharlieGolden

My mother talked to a lawyer who happened to be great friends of my dad because he privately loaned him money to start his firm. Any way...my father (who has payed all child support) was told by the lawyer that my mom's exact words were "if I can't sue for back child support, I would at least like to get him in trouble with the IRS because i know he is hiding money that his business makes for tax evasion"

So the break down is my father is being investigated by the IRS because my mom his making false accusations towards my father.

Yes, after the investigation is over and there is no finding that your father was evading taxes, yes, then he can sue your mother.

In the meantime - and I work in the legal profession - I am actually shocked that the Attorney passed along information which was given to him in the course of a visit concerning child support.

Why your mother would consult with your father's best friend is totally beyond me. Why he would agree with the meeting is even more confusing.

At any rate, I trust your father does not intend to use his Attorney friend as a witness. It could backfire on the friend.

Quote:

Originally Posted by JudyKayTee

Yes, after the investigation is over and there is no finding that your father was evading taxes, yes, then he can sue your mother.

In the meantime - and I work in the legal profession - I am actually shocked that the Attorney passed along information which was given to him in the course of a visit concerning child support.

Why your mother would consult with your father's best friend is totally beyond me. Why he would agree with the meeting is even more confusing.

At any rate, I trust your father does not intend to use his Attorney friend as a witness. It could backfire on the friend.

Oh yeah what he did I am pretty sure is illegal and my mom had no idea, he loaned to his firm after the divorce

Quote:

Originally Posted by CharlieGolden

Oh yeah what he did I am pretty sure is illegal and my mom had no idea, he loaned to his firm after the divorce

I don't know about illegal, but it could get the Attorney friend disbarred.