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


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.

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