QUESTION
What can I do if the grandmother has taken me to court for 18 years back support?
Asked on Oct 30th, 2013 on Child Custody - Ohio
More details to this question:
When I was 17, I got my girlfriend pregnant. She was 16 when the child was born. Neither of us was responsible enough to provide for the child so we signed over our parental rights to her mother. Now the child is 18, a senior in high school. After all these years, I have had the child on my insurance from the age of 6, gave lots of cash anytime it was needed and the mother provided nothing. I always felt like I shouldn’t take custody from grandmother and disrupt a steady and stable home for my child.
6 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Either you didn't sign over parental rights (relinquished the child to the grandmother in an adoption) or there was a duty of support all along. However, if this was some legally unenforceable private arrangement, then the grandmother failed to ask for support to which she was entitled all along. She can go back for only the statutory period and needs to go after both parents.
Answered on Nov 05th, 2013 at 5:42 AM
Bruce Provda
They will not get 18 years back support unless there was a petition for support filed 18 years ago. Back child support only goes back to the day a petition was filed in court.
Answered on Nov 05th, 2013 at 5:34 AM
Grandmother has no rights or standing to get child support based on the facts as you stated them.
Answered on Nov 04th, 2013 at 6:20 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Get an attorney and fight. Here is the thing; was there a child support order in place? If not, then I don't see how she can now come in and claim back child support when it was not awarded. So, talk with a local attorney and see what the likelihood she might win is.
Answered on Nov 04th, 2013 at 5:39 AM
4 Awards
In Louisiana, child support is retroactive only from the date that it was originally requested. In order to be liable for "back due" child support, you would have to have been sued and notified of the lawsuit or "served" with it. If you were never served, any judgment of support may be null. If you were served, and a judgment was obtained, you will owe back due child support from the date of the judgment forward. Child support arrearages expire in ten years from the date that they are due according to a judgment, if they have not been paid. Each payment is due at a different time, and accrues interest from the date the original payment is due, at what is called the "legal interest rate," which varies. This means that if there was a previous child support judgment, a person in this situation may not be liable for all 18 years worth of child support. A person in this situation should immediately consult directly with an attorney to determine what actions are actually presently being taken, and possible liability.
Answered on Nov 04th, 2013 at 3:53 AM
Family Law Attorney serving Independence, OH
at
Abel & Zocolo Co., LPA
Update Your Profile
Under Ohio law the grandmother cannot obtain the back support. She may obtain support from now until the child graduates from high school (or turns 19, whichever is earlier). She could have enforced a prior support order, but apparently none was ever obtained.
Answered on Nov 01st, 2013 at 9:21 AM