In general, adult children cannot sue for back child support. There are, however, other possible ways they can get the child support that they are owed, which will be discussed below.
Child support is funds that are paid to a custodial parent to assist them with the costs of raising their child. Child support payments are commonly made during legal separations or divorce cases or following these types of cases.
If child support payments are not paid, they become back child support. If the parent who is ordered to make child support payments does not do so, they are violating the court order.
Parents who receive child support payments and are owed back child support are legally entitled to receive those amounts. Parents commonly file lawsuits to obtain these amounts.
If a child’s parent is owed back child support in Arizona, they may be able to request the court garnish the wages of their child’s other parent. When a garnishment is ordered, the parent’s employer must deduct wages from their pay to pay back the child support amounts that they owe.
The employer of the paying parent must follow the garnishment order issued by the court. In cases where the garnished amount does not cover the child support amount owed or when the paying parent loses their job, a receiving parent may be able to use other methods to get the money they are owed.
One option that may be available is to place a lien on the paying parent’s property. This will give the receiving parent a legal claim to that property or a security interest in that property.
When that property is sold, the lienholder has a right to receive the proceeds from the sale. It may be helpful to reach out to a local Arizona lawyer for more information on how to get back child support in Arizona.
When Is Child Support Owed to an Adult Child?
The obligation that a parent has to pay child support may terminate when their child reaches the age of adulthood or graduates high school. In addition, this obligation may terminate if the child becomes emancipated.
There are important exceptions to terminating child support that parents should note. For example, when an adult child has a disability that prevents them from being able to support themselves, the child support obligation may continue.
The adult child’s disability may be physical or mental and can include chronic mental illnesses. The court will not typically focus on the child’s specific disability and will only consider whether it prevents the child from taking care of themselves without financial support or supervision.
If an adult child does have a disability, courts will utilize the same formula used for calculating child support for cases involving minor children. The court will also examine whether the adult child gets financial support from the government as supplemental income. In these cases, although the child is technically an adult, the child’s best interests standard will still be applied.
If an adult child’s parent did not pay the child support they were required to pay, their adult child may be able to file a lawsuit against them. For more information on obtaining child support for adult children, an individual should consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
Adult children may have the ability to file lawsuits against their parents for child support arrears if they were named the executor or representative of their custodial parent’s estate. Retroactive child support, or arrears, are past-due amounts that the paying parent was supposed to pay but did not.
These past-due amounts may be assigned or unassigned. If arrears are classified as assigned, they are owed to the state.
This category of arrears accumulates when a state pays unpaid child support payments in order to meet the daily needs of a child. These arrears often accumulate when a custodial parent is receiving public assistance due to not receiving their child support payments. A custodial parent will only receive these arrears if there is an amount left over after the state has been repaid.
If arrears are unassigned, they must be paid to the custodial parent. These amounts are owed by the paying parent unless the other parent signs a child support waiver.
When a child support order was in place before a child became an adult, their custodial parent may be able to file a lawsuit against their non-custodial parent. If an adult child represents their custodial parent’s estate, they may also be able to file a lawsuit to get the back child support owed.
When a custodial parent did not get state or federal public assistance, any unassigned arrears will go directly to them. Custodial parents are allowed to waive their right to these funds using a waiver.
If a waiver is signed, the paying parent is not required to pay the back child support payments they owe. A back child support waiver may be used in different situations, including:
- The custodial parent is able to care for the child financially by themselves
- The child’s parents are back together, are living together, and are sharing child-related expenses
- The non-custodial parent makes an offer to pay a portion of the arrears owed in exchange for the custodial parent waiving the remaining portion
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are various issues that may arise in lawsuits involving child support arrears, such as how far back the child support can be claimed. There may be a statute of limitations in certain cases involving child support issues.
Parents are legally required to provide financial support for their children until they reach the age of majority, or 18 in Arizona. Typically, a past child support debt will not expire. Additionally, these debts typically cannot be discharged in bankruptcy proceedings.
Additional issues that may be considered prior to filing a lawsuit in order to collect child support arrears is ensuring that the paying parent still owes the amount that the custodial parent is requesting. An individual’s lawyer can explain all of the issues that may arise in an Arizona lawsuit for back child support.
Do I Need to Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are a parent in Arizona who has concerns about any unpaid child support, an Arizona child support attorney can help. Your lawyer can explain the laws in Arizona that govern child support issues and whether there is a statute of limitations for your claim.
If you are owed back child support, your lawyer will explain the options available to recover it. If you are the paying parent, your lawyer can help you try and get a waiver for arrears you may owe.
LegalMatch provides a no cost lawyer matching service that can help you find a child support lawyer near you who is ready to help. You can complete your online submission on the website in as little as 15 minutes.
Licensed and pre-screened member attorneys will respond in around 24 hours and let you know how they can help. Let LegalMatch help you find an attorney near you to resolve your child support needs.
