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    college13's Avatar
    college13 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 13, 2013, 12:18 AM
    Child Support
    I'm 18 yrs old is it possible for my mom to sue my father for back child support?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Mar 13, 2013, 02:09 AM
    It depends on where she lives and when if ever she was awarded support that he didn't pay.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 13, 2013, 03:08 AM
    If no support was ever applied for then its unlikely.

    ANY question on law needs to include your general locale as laws vary by area.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Mar 13, 2013, 08:07 AM
    Did she ever go to court and get a child support order ?

    If no, most likely it is now too late
    If she has a old order, she can file to get it enforced
    college13's Avatar
    college13 Posts: 2, Reputation: 1
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    #5

    Mar 13, 2013, 03:40 PM
    Quote Originally Posted by ScottGem View Post
    If no support was ever applied for then its unlikely.

    ANY question on law needs to include your general locale as laws vary by area.
    I live in NY and he lives in FL
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    Mar 13, 2013, 04:26 PM
    I'm 18 yrs old is it possible for my mom to sue my father for back child support?
    No! Back child support refers to ordered and unpaid support.
    If you mean retroactive child support, then who knows...
    61.30 Child support guidelines; retroactive child support.
    (17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:
    (a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.
    (b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.
    (c) The court should consider an installment payment plan for the payment of retroactive child support.


    NY Domestic Relations Law 240
    Under NY DRL 240: Custody and child support; orders of protection an award of final child support is retroactive to the date that it was first requested.

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