If my mom is receiving back child support from a few years ago, do Ihave any rights to the money if i am now an adult?

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If my mom is receiving back child support from a few years ago, do Ihave any rights to the money if i am now an adult?

My mom recently started receiving back child support from the time I was 12 to 18. For the last 4 of those years I was living with friends and fending for myself with no help from her. My mom kicked me out when I was 14. I wasn’t able to get a job at the time. I had nobody to help me. I had to steal clothes so I had things that fit. I stole food from stores also. I am now 20.

Asked on November 19, 2011 under Family Law, Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry that you had such a terrible time of things.  I am glad that there were people to help you and that you had a place to stay.  Technically the money was to be for your support and maintenance.  The order granting it is directed to your Mother.  You are what is known under the law as a third party beneficiary.  And although I do not know if there is precedent - law that is already established - on the issue, I think that you have a very good argument in "equity" here if not already established in law.  Lawsuits are sometimes not based solely on the law such as statutes and rules.  Sometimes they are based in equity, where we ask the court to make a decision because it is the right decision and fair decision.  So go and seek some help here.  U think that you may have a case.  Good luck to you.


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