Can a child sue his/her father for passed due child support after the age of 18?

Asked on January 25, 2013 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Child support in New York is required until a child is 21 and it can be longer if agreed to in the divorce settlement or the child has a disability that the law recognizes as requiring support for longer. Now, in New York, child support arrears enforcement is limited to 20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/87; 6 years for default in payment on orders entered on or before 8/7/87; 20 years for all defaults in payment which have been granted as a money judgment. Calculate the time. Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, under the laws of all states in this country an adult child can bring a legal action in his or her own behalf against a parent that owes unpaid child support. The issue is a possible bar of the given state's statute of limitations running from the date the child turns 18. I suggest that you consult with a family law attorney for assistance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.