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    WendieAnn's Avatar
    WendieAnn Posts: 13, Reputation: 1
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    #1

    Jul 30, 2007, 05:40 PM
    Can I sue my mother for back child support ?
    My mom got custody of me at the age of 4 when my parents divorced and she kept me to the age of 6. I was neglacted while living with my mother. Then I moved in with my Aunt at 7 but my Aunt didn't get custody of me till I 13.I would like to use her because growing up she refused to pay even after my Aunt got custody of me at the age of 13. I haven't seen her in a number of years. But I don't call her mom because she has never been there for me. Several times at the age of 18 she did try to beat me up and left marks on me. She has a major drug problem and has sense she was younger. I don't know where she is currently living, but I know my grandmother knows.

    Also I left a lot out by the way.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #2

    Jul 30, 2007, 06:44 PM
    I'm not sure, but I'm leaning towards "no". Your aunt might have a suit, because she was the one who had legal guardianship. But I'm not sure how child support works when the person raising the child is not one of the parents. Do both parents then have to pay support to the guardian? Interesting question. Hopefully someone with more experience may be able to answer better. And you might ask one of the moderators to move this to family law, where it's more likely to get answers.
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #3

    Jul 30, 2007, 06:50 PM
    I know that in NY/NJ/PA you cannot. The money is not to be paid to YOU it is for your care. So, technically your Aunt could sue.

    I had a meeting with a lawyer over this because my father never paid support and I thought that once I turned 18 I could sue.
    WendieAnn's Avatar
    WendieAnn Posts: 13, Reputation: 1
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    #4

    Jul 30, 2007, 06:59 PM
    Quote Originally Posted by froggy7
    Do both parents then have to pay support to the guardian?
    Yes well at least of what I know of.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Jul 31, 2007, 08:30 AM
    Was a child support order ever entered? If so, do you have firsthand knowledge that it was never paid? Who was ordered to pay? Your father? Your mother? Both? Who was the obligee (the person designated to receive the payments, which should have been your primary custodial caregiver)? If there are child support arrearages due resulting from non-payment after a court order had been issued then the obligee can always sue to collect. But, as you said, you left out a lot of information so it's impossible to give you a definite answer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 31, 2007, 08:39 AM
    The first question that came to mind is was support ever ordered by a court. The second point is that it would be up to your aunt not you. And the third is if your mom is an addict how much do you think you would be able to collect from her anyway.
    WendieAnn's Avatar
    WendieAnn Posts: 13, Reputation: 1
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    #7

    Jul 31, 2007, 02:25 PM
    Quote Originally Posted by s_cianci
    Was a child support order ever entered? If so, do you have firsthand knowledge that it was never paid? Who was ordered to pay? Your father? Your mother? Both? Who was the obligee (the person designated to receive the payments, which should have been your primary custodial caregiver)? If there are child support arrearages due resulting from non-payment after a court order had been issued then the obligee can always sue to collect. But, as you said, you left out a lot of information so it's impossible to give you a definite answer.
    To both my father and Mother. But my mother never paid.My Aunt was sopose to receive child support from my mother once she got custody of me. ( I went to court when all the papers and stuff were signed.)
    WendieAnn's Avatar
    WendieAnn Posts: 13, Reputation: 1
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    #8

    Jul 31, 2007, 02:27 PM
    Quote Originally Posted by ScottGem
    The first question that came to mind is was support ever ordered by a court. The second point is that it would be up to your aunt not you. And the third is if your mom is an addict how much do you think you would be able to collect from her anyway.
    Yes child support was ordered for both of my parents to pay to my Aunt once a month. OK. It doesn't matter I feel like she owes it to me.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #9

    Aug 1, 2007, 06:27 AM
    Quote Originally Posted by WendieAnn
    To both my father and Mother. But my mother never paid.My Aunt was sopose to receive child support from my mother once she got custody of me. ( I went to court when all the papers and stuff were signed.)
    Then it's up to your aunt to sue for whatever arrearages have accrued.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #10

    Aug 1, 2007, 06:35 AM
    Quote Originally Posted by WendieAnn
    Yes child support was ordered for both of my parents to pay to my Aunt once a month. OK. It doesnt matter I feel like she owes it to me.
    Well, it's not owed to you, it's owed to your aunt for your behalf, i.e. for your living expenses (food, clothing, medical care, housing, utilities, etc.) In general, things required for your sustenance on a day-to-day basis. How old are you? About 18 or so I presume? It's a popular misconception among children who, having recently reached legal adulthood, that any back child support that had accrued during the childhood years is owed directly to them for their personal use. That is not true. It's owed to the person(s) who were primarily responsible for their care during their childhood years as reimbursement for the expense they put out in raising them, in the absence of receiving court-ordered child support payments during the pre-adult years.
    WendieAnn's Avatar
    WendieAnn Posts: 13, Reputation: 1
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    #11

    Aug 1, 2007, 03:43 PM
    Quote Originally Posted by s_cianci
    Well, it's not owed to you, it's owed to your aunt for your behalf, i.e. for your living expenses (food, clothing, medical care, housing, utilities, etc.) In general, things required for your sustenance on a day-to-day basis. How old are you? About 18 or so I presume? It's a popular misconception among children who, having recently reached legal adulthood, that any back child support that had accrued during the childhood years is owed directly to them for their personal use. That is not true. It's owed to the person(s) who were primarily responsible for their care during their childhood years as reimbursement for the expense they put out in raising them, in the absence of receiving court-ordered child support payments during the pre-adult years.
    I'm 22.

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