Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Child Support Back Pay for a 17-Year-Old Child

    My son received for the first time a child support order. His son is 17 years old. Is he liable for Back Pay? The child's mother has been on welfare all these years. He has been sending her money/money orders thru the mail all this time!
    He was served papers a little over a year ago. He has lived in DELAWARE for the last 5 years.
    His son has lived in NYC.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Your son will need to read the child support order in order to determine if he has been required to pay retroactive child support, or if the order is prospective.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,223

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Quote Quoting millions134
    View Post
    My son received for the first time a child support order.
    Just to confirm: You're saying he received a court order that requires him to pay support. Correct? Or was he served with an application by some woman for a court order? Unless you explain otherwise, I'll assume the former is correct.


    Quote Quoting millions134
    View Post
    Is he liable for Back Pay?
    It should go without saying that, since we have not read the court order and you did not tell us anything about what it says, we have no way of knowing what he's liable for.


    Quote Quoting millions134
    View Post
    He has been sending her money/money orders thru the mail all this time!
    Did he keep copies of all of the money orders?

    Was his paternity ever established? If so, when and how was it established?

  4. #4
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Quote Quoting millions134
    View Post
    My son received for the first time a child support order. His son is 17 years old. Is he liable for Back Pay? The child's mother has been on welfare all these years. He has been sending her money/money orders thru the mail all this time!
    He was served papers a little over a year ago. He has lived in DELAWARE for the last 5 years.
    His son has lived in NYC.
    I REALLY hope your son kept receipts for all his payments. If the mom is playing the system against him, she may have waited to file so she could hopefully collect twice. Alternatively, in some states, the welfare department will go after the father for support to help them recover the cost for the welfare payments. Either way, he will want to present those payments to argue that he has been paying in lieu of an order.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,153

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    When is this money considered a gift ? I thought if the parent was not court ordered to pay it. The payments were considered a gift and did not counted towards child support.

    If the mother did not report this income to TANF, SNAP. etc. She could be in trouble. It is considered fraud to not report income.

  6. #6
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    It depends on what the son communicated, and the state, from what I understand. If there was no order, and he has a memo note on the check saying "Child Support", I have seen it count as such. Even if he doesn't have it noted as child support on the payment, and there was no order, and he was consistently paying a certain amount, a good lawyer may be able to build a case that it should be considered.

    I had a friend in Washington State that got surprised with a back support order from California. The support enforcement agent said if he could show a consistent pattern of payments, they would review and consider it as part of what he had owed.

  7. #7
    Join Date
    Nov 2013
    Posts
    6,811

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Quote Quoting Mercy&Grace
    View Post
    When is this money considered a gift ? I thought if the parent was not court ordered to pay it. The payments were considered a gift and did not counted towards child support.

    If the mother did not report this income to TANF, SNAP. etc. She could be in trouble. It is considered fraud to not report income.
    You can't have it both ways. Either the money was a gift (which is not reportable as income) or it is income.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,153

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Quote Quoting budwad
    View Post
    You can't have it both ways. Either the money was a gift (which is not reportable as income) or it is income.
    When a mother receives TANF. Money received, even if it is a gift, can be counted as income. If the mother told the state she was not receiving money from her child's father when she was. This is considered fraud.

  9. #9

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    He's only liable for the support from when the order was entered into the system. Anything before that, monies given outside of court are null and void.
    Example: the mother filed for child support on April 1st. child support starts adding up that day. If it takes six weeks to get to court, your son will be six
    weeks in arrears at the date of court. How he pays that arrears is somewhat dependent on the judge. The judge in my case said that if an IWO (Income withholding order)
    is executed then NYS takes the ordered support plus 50% of the payment toward arrears. Example: If ordered is $200 from each paycheck then $300 would come out. $200
    for current and $100 for arrears. If your son sends in the money hismelf he only has to pay $100 plus $25 for arrears. However, this will make arrears go on much longer
    and he can and will be charged interest at some point (but prob. not for year and years of not paying). Using the above numbers he would be $1200 in arrears. He can always
    pay more to get the arrears down.
    If he's been paying less than what he's ordered, then shame on him. In NY it's 17% of gross less fica and state. (https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf)
    The judge may suggest these two options, OR just order an IWO automatically.
    Other things that will be decided in court: the income of the mother, medical coverage, extra cirricular activites. The judge in my case never even entertained extracirricular
    activities. If my son does that, *I* pay. But my ex pays 80% of billed medical expenses. (Our child is under his insurance anyway).

    also note that support will continue while the child is in college if living home and not working. If your grandson leaves school and works, or works at any point or ages out
    it's up to your son to go in for a modification. Child support does NOT stop automatically.

    Why she's going for support now who knows. She probably is losing her assistance.
    Does he at least see the child? Why did he move to another state if his son was in NY?
    If he never saw his son and just sent money maybe I agree w/ her finally opening an order.
    If my ex had seen his son more I could have worked more and I wouldn't even have asked for child support.
    But I digress. I replied just to put some info out there for others since I had NO INFO when I went thru all this.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,339

    Default Re: Child Support Back Pay for a 17-Year-Old Child

    Any particular reason you re-opened this year-old post?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Establishing an Order: Can You Be Ordered to Pay Child Support Back to Birth if You Contact Your Adult Child
    By BobGnarly in forum Child Custody, Support and Visitation
    Replies: 14
    Last Post: 12-16-2015, 06:13 AM
  2. Modification of Support: Can My Ex-Wife Reclaim Back Child Support to the Date My 18 Year Old Left Our Home
    By Mrober1486 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 08-09-2012, 11:46 AM
  3. Establishing an Order: Am I Able to Request Back Child Support for a Seventeen-Year-Old Child
    By lgalan in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 04-26-2012, 08:10 PM
  4. Collection and Enforcement: Asking for Back Child Support Even After Signing a New Child Support Court Order
    By Donnie87 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-07-2011, 05:58 PM
  5. Support Arrears: Back Child Support Liability for an Adult Child, Unknown to Father
    By ghendi in forum Child Custody, Support and Visitation
    Replies: 18
    Last Post: 06-07-2011, 08:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources