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    marbad's Avatar
    marbad Posts: 5, Reputation: 1
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    #1

    Jul 7, 2012, 10:07 PM
    Can I still sue for back child support after 18 years?
    My son is now 18. I used to live in NY when I filed for CS in 2003 but I never really pursued it. Now that I moved to another state and my son is now 18, can I still get back child support for the 18 years?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Jul 8, 2012, 02:50 AM
    Is there an existing court order for child support?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 8, 2012, 05:13 AM
    Did you file and drop the case or was a support order issued? If there was an order issues, then yes you can continue to collect any unpaid support.
    marbad's Avatar
    marbad Posts: 5, Reputation: 1
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    #4

    Jul 8, 2012, 05:44 AM
    [QUOTE=ScottGem;3185962]Did you file and drop the case or was a support order issued? If there was an order issues, then yes you can continue to collect any unpaid support.[/QUOTE
    No I never drop the case, I just never responded after I filed, so there was no court order.
    marbad's Avatar
    marbad Posts: 5, Reputation: 1
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    #5

    Jul 8, 2012, 05:46 AM
    No I never drop the case, I just never responded after I filed, so there was no court order.
    marbad's Avatar
    marbad Posts: 5, Reputation: 1
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    #6

    Jul 8, 2012, 05:48 AM
    Can my son sue him for negligence?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jul 8, 2012, 06:03 AM
    No, your son can not sue him, if anyone "could" be sued for negligence ( but they can't) he would sue you, since you were suppose to file against the father and did not. While they father is to be blamed for being a dead beat, you are to be blamed for not doing required legal action also.
    marbad's Avatar
    marbad Posts: 5, Reputation: 1
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    #8

    Jul 8, 2012, 06:15 AM
    I wasn't a negligent parent, I took care of my son and still am now that he's heading for college it's a bit tough. After I filed for CS I got chicken because I couldn't afford to lose so many work days at the time. Are you a family lawyer?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 8, 2012, 06:35 AM
    Quote Originally Posted by marbad View Post
    No I never drop the case, I just never responded after I filed, so there was no court order.
    Umm that's called dropping the case.

    So no, you dropped the ball on this. And no your son can't sue him. Child support is paid to the custodial parent. The child has no claim.

    No one said you were a bad parent, but the fact is that you let other issues get in the way of obtaining support.
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