Does anyone know if it is Legal to collect past due Child Support after the Child is over the age of 18?
If back support is owed, there is no time limit on paying it back. Those payments will last for however long it takes to make up the debt owed.
I would think if it was past due from when the child was before age 18, you should be entitled to it. But I don't know TX laws.
My mother was told (and able) to collect past owed CS for 10 years past my sister's 18th birthday.
Now, much of that was reclaimed by the state because without the CS she had to rely on food stamps and other assistance for part of our childhoods.
Catch 22.
I think it may depend on the laws in your state; however in DE, once they have graduated high school and turned 18 child support ends. My son graduated at 17 so support continued until age 18. If he was still in high school when he turned 18, support would have cotinued until graduation.
I have heard of people who have it stated in their divorce decree that child support is paid through college graduation and also some that it is paid through age 21.
**misread your question. Regarding PAST DUE support, yes, it is legal to collect the past due amount. It was from before the child was 18 so while it isn't continuing to grow, it is still due.
It really depends. Are you talking about BACK support, that was owed to you and not ever paid? Or, are you talking about continuing child support you are receiving, after the child turns 18? If your agreement says nothing about continuing support after 18, then no he is not legally obligated to give your child support. If you never received the support you were supposed to...you'd have to contact the attorney general and/or a lawyer. If you claimed government assistance (and I think unemployment) the support will go to paying that back.
Yes, the debt accrued is active and accrues interest pretty much until the payor dies, and then can be paid out of life insurance if there is any and the custodial parent gets to it before the insurance benefits have been paid out. Just hiding until the child turns 18 doesn't mean that the amount owed goes away.
It should be legal, but you should still speak with a lawyer. After the child turns 18, the money may also end up going directly to the adult child since it's really money owed to the child and not to the custodial parent.
A debt is a debt is a debt. 18 isn't some magic age when the debt of child support just disappears.
Yep.
Past due is like any other debt. Your kid could be 40. It's still debt.
It's also legal to collect child support past 18 when
- Child still in highschool (lots of 18 & 19yo seniors).
- if your court order specifies about college
- if your court order specifies an age other than 18 (like up to age 22 if in college.... Or due to ongoing medical or special needs - like autistic adult children).
- otherwise specified in your decree.
Sure it is. The age of 18 does not clean the slate.
I live in a totally different area but had to do research on this. I can't say what it is there,but my paper was based on the fact that someone collected well past the eighteen year mark. So I guess beware all people who had to pay and didn't.
The only time I've ever seen a situation where child support paid after the child turns 18 and it is not considered back child support is when in the original agreement the parents agree to a set amount of payment if the child is in college. But this was special circumstances, was determined at the original child support hearing, and agreed by both parents. The child had to remain a full time student and had to live at home. Once the hours fell below full time or the student moved out the agreement was nullified.
I got child support for my daughter until the last month before her 19th birthday.
If you are talking back child support owed I believe it to be 6 months after the child turns 18.....you should be able to search your state to find out.
Yes - it's like any other debt
One of my friends has to pay until his daughter graduates high school. So even if they turn 18 during the school year, it doesn't matter.
Yes, you can collect past due child support regardless of the child's current age.
If you had a court order in place, then yes. If there was never a court order establishing a support amount, then no. You can't go back AFTER the child is 18 and establish a retroactive support obligation.
But if there was an order by the court requiring payments that were never made, then yes... you most certainly can go back for those arrears. They don't just disappear because the child emancipates. It is a debt that is owed. It just stops accumulating (in most cases). In some states, the obligation actually continues beyond 18. It has been several years since I have had any reason to check into it, but NY or NJ one (or maybe both?) used to require support until the age of 21.
It may be legal to collect, but there may also be a statute of limitations for making a claim. Contact child support enforcement in your county and/or state or speak to a family law attorney.
In most cases yes, if the child is still in high school.
We stopped asking at 18 cause it was just easier, and it's not like she was regular with her payments.
I truly do not believe the dad should have to pay any child support once the child reaches 18. A child no longer exists legally so the court order is null/void.
If the mother still wants to receive child support then she needs to file a paper stating her reasons for wanting to continue support.
If the child is still living at home and attending high school, that's a possible situation where it "might" be justified. IF the child is still living at home and going to college full time then perhaps, but not likely.
As for past due, he still owes that no matter what. He has a total amount of child support owed until that 18th birthday or high school graduation and if he still owes that money he still owes it.
I am so grateful for child support enforcement. I don't have to worry about any of this at all. When any of the dad's or my daughter are working the employer turns in their taxes and it shows up at the child support enforcement office.
They send a notification letter to the employer to withhold the child support and the amount they expect. If it's not paid they can even go after the employer.
One of my grand kids dads worked for a company for several years. It was a small business owned by an older gentleman. He didn't want to do this program and asked them to not make him do it. He did the paper work right and often remembered to send the child support in too. But when he forgot the dad would get taken back to court. He would show his pay-stubs and show it was withheld. The state finally sued the man and he lost everything.
I decided right then that if I was ever in a position where I might be in his place I would not do it. I'd find a way to let that person go. If they were late, if they smelled like alcohol, if they spoke loudly to a child, any reason would the only reason I'd need and they'd be gone. I had 9-12 employees in my business and I was in the kitchen, driving school kids, teaching classes, working with the school kids, etc...and doing payroll was not my favorite thing. Adding more to it would be miserable for me.
Child support takes care of taking the dad's and my daughter back to court for cost of living raises, missed payments, any issues. They take care of putting a hold on the income tax refunds and it's really nice to get a nice deposit a couple of times per year, one for each parent...
I wish everyone had such good child support enforcement offices in their area.
It is in Texas, but I don't know if it varies by circumstances.
If you had an order for child support prior to the child turning 18, then yes, I think you can collect it. You should talk to your county's child support enforcement office. If you did not alredy have an order, then I don't think you can get one after the child turns 18. I think in that case you're just a$$ out.
