QUESTION
Is it legal to sue my father for back child support if he has not paid it in years? How?
Asked on Aug 20th, 2015 on Child Custody - California
More details to this question:
Is it legal to sue my father for back child support if he has not paid it in years? Since I was a baby, my father has owed support. If I find out where he is living, can I sue for that support?
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably. But is there a hope of collecting any part of a judgment?
Answered on Aug 21st, 2015 at 5:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to know much more about the circumstances, but it may be possible that you could have a cause of action. It depends on the state you live in and the statute of limitations regarding the child support obligation.
Answered on Aug 20th, 2015 at 3:48 PM
The short answer is no. If there is an existing child support order, the person who holds that order (your mother?), could take action to enforce it. If there is no existing child support order, then no one can get "back" (i.e., retroactive) child support because a court can only order prospective child support. Your mother could sue to establish a child support order against your father. You cannot sue your father for support.
Answered on Aug 20th, 2015 at 3:07 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If there is a court order for child support that is unpaid generally the party has the right to collect. That party would be your mother or perhaps the County. You should discuss with your mother taking action to collect back support.
Answered on Aug 20th, 2015 at 2:59 PM