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    Guy Bolling's Avatar
    Guy Bolling Posts: 2, Reputation: 1
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    #1

    Apr 1, 2016, 07:39 PM
    Can my 22 year old son sue me for child support his mother owes
    Can my 22,year old son sue me for the arrearage in child support that his mother owes? He,wants to sue,me because his mother owes him money and is claiming she can't pay him back because child support is garnishing her wages. Case is I Cuyahoga county Ohio
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Apr 1, 2016, 07:43 PM
    Your post is a bit difficult to understand. Are you saying that his mother owes back child support and he wants to sue you for it because she can't pay?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Apr 1, 2016, 09:53 PM
    When child support is ordered, it is ordered for the non-custodial parent to pay the custodial parent for the care of the child involved. It is not ordered to be paid to the child. Therefore, you are owed the arrears, not your son. Your son cannot sue you because you were not ordered to pay him child support, thus you owe him nothing and neither does his mother.

    This sounds more like a case of a self-entitled spoiled brat.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 2, 2016, 01:05 AM
    Child support is not owed to the child. It is owed from one parent to the other or from a parent to a guardian.

    The child has no standing at law to sue anyone for this. The money is not theirs but for the parent or guardian named in the child support order.

    If the parent or guardian died (that was owed support), then the estate of that person can sue for the money.

    Not even sure who you are ?
    Who are you in this case ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 2, 2016, 04:16 AM
    The way I read your question. Your son's mother owes him some money. She claims she can't afford to pay him because her wages are being garnished to pay child support arrears that are owed to you. So he wants to sue you to recover the money he says she owes him. Is that it?

    Anyone can sue for anything. The question is whether they can win. In my opinion he will not find an attorney to bring such a suit or a judge to entertain such a suit, Assuming you were the custodial parent (since the mother owes you support), as long as you provided for him while he was a minor then you fulfilled your obligation. What the mother owes you in support goes to pay you back for what you paid to provide for your son. You son is not entitled to any of it. If you did not support him properly as a minor, he might be able to sue for that. But what his mother owes him has nothing to do with you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 2, 2016, 05:55 AM
    It appears that ScottGem is the only one who read the question correctly, and he gave a correct answer, in my opinion.

    Two or more creditors attempting to levy upon funds belonging to the same debtor happens all the time. I have never heard of a creditor #1 being able to sue a creditor #2 because such creditor #2 beat #1 to the pay lode. As noted, anyone can sue anybody for anything, but I would be very surprised if the son were to have any success in this.
    Guy Bolling's Avatar
    Guy Bolling Posts: 2, Reputation: 1
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    #7

    Apr 2, 2016, 06:08 AM
    Yes I am or was the custodial parent. The mother borrowed money from our son and now is claiming she can't pay him back because child support finally caught up with her and is now garnishing her wages .she is over $6000 in arrears . Thanks,to everyone who took the time to answer my question .your answers is,what I thought just wanted to reassure myself before messaging him back .
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Apr 2, 2016, 07:13 AM
    Quote Originally Posted by Guy Bolling View Post
    ... The mother borrowed money from our son and now is claiming she can't pay him back because child support finally caught up with her and is now garnishing her wages ...
    Interesting irony there. Your son has extra money to lend to his mom despite the fact that she didn't pay all the child support she owed when he was growing up.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #9

    Apr 2, 2016, 07:32 AM
    Quote Originally Posted by Guy Bolling View Post
    Yes I am or was the custodial parent. The mother borrowed money from our son and now is claiming she can't pay him back because child support finally caught up with her and is now garnishing her wages .she is over $6000 in arrears . Thanks,to everyone who took the time to answer my question .your answers is,what I thought just wanted to reassure myself before messaging him back .
    I wish you had mentioned that In more detail in your first post. If the mother borrowed from the son, you are not liable for that debt. He needs to sue his mother.

    Your son didn't loan you any moeney, therefore he doesn't have a case against you.
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