Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2006
    Posts
    5

    Default Child Support Back Pay

    I have a friend who is around 20 years old, he did not meet his father until he was about 17. His father never paid any child support or had any involvement with him throughout his childhood. Now he is wondering if he can go back and request pay for the unpaid child support, eventhough his mother never persued retreving the money when he was younger? Any info. would be appreciated.

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Back child support

    Was there ever a child support order in effect? In what state?

  3. #3
    Join Date
    Jan 2006
    Posts
    5

    Default

    Not quite sure about the order? It was in Ohio.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,936

    Default Back child support

    If child support was never requested or ordered, it is unlikely that he would have any ability to revisit the issue. If it was ordered, it would ordinarily be his mother who would have the right to collect any arrearage. If the full facts were known, it might be possible to determine if he had any rights. Barring that, he should consult an Ohio family lawyer.

  5. #5
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default

    Legalyy, he would have no claim regarless of whether or not an order for CS was ever issued. If there was a CO and CS was never paid, his mom may have a claim.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Paternity and Child Support

    Ohio permits an adult emancipated child to bring a paternity action up to the age of 23, and within the context of that action to seek retroactive child support. See Carnes v. Kemp, 104 Ohio St.3d 629, 821 N.E.2d 180 (2004) ("Consequently, we hold that a juvenile court has jurisdiction to award retroactive child support payments to an adult emancipated child if a parentage action is filed prior to the child's twenty-third birthday.") That doesn't apply, though, if paternity was previously established.

    By "adult emancipated child", the Carnes court appears to be referencing the fact that the child who brought the suit was emancipated by virtue of her age. If your friend believes himself to be in a similar situation, he may wish to explore this possibility with an Ohio family lawyer.

  7. #7
    Join Date
    Feb 2009
    Posts
    1

    Default Re: Child Support Back Pay

    I am in a similar situation to cxrunner, my mother and father divorced in the state of California around the 1990s. My father still lives in California and I live in Virginia with my mother and step-father. She too never persued collecting child support. I am now 22 years old, is it possible for me to request backpay?

    Thanks

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Child Support Back Pay

    Quote Quoting xtinathi
    View Post
    I am in a similar situation to cxrunner, my mother and father divorced in the state of California around the 1990s. My father still lives in California and I live in Virginia with my mother and step-father. She too never persued collecting child support. I am now 22 years old, is it possible for me to request backpay?

    Thanks
    1. Please do not hijack another poster's thread, especially a 3 yr old thread.

    2. To answer your question- no, you cannot file to collect. However, if there was an order, your mother can still file to collect.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 18
    Last Post: 06-07-2011, 08:57 PM
  2. Replies: 2
    Last Post: 06-01-2011, 09:13 PM
  3. Adding Back Support After Child Support Judgement
    By Scarywoody in forum Child Support
    Replies: 2
    Last Post: 08-12-2008, 02:23 PM
  4. Can an adult child recieve back child support in Tennessee?
    By industrial_glycerine in forum Child Support
    Replies: 1
    Last Post: 10-03-2006, 02:48 PM
  5. Replies: 1
    Last Post: 09-09-2006, 04:51 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document