In most cases, it will not be possible for an adult child to sue for back child support in the State of Louisiana. However, in certain situations, the adult child may be able to file a lawsuit in order to obtain those back child support amounts.
Parents are often ordered to pay child support in Louisiana to help the child’s other parent with the costs related to raising the child. Payments are typically ordered on a monthly basis following a legal separation or a divorce.
When a child’s custodial parent is unable to get child support payments they are due, the amounts that are owed become arrears or back child support. When the paying parent does not make their payments as ordered, they are in violation of the court order, which can cause them to face negative legal consequences.
Parents who get child support payments or who are legally owed back child support are entitled to receive those amounts. It is common for a parent to file a case in court in order to recover the amount they are due to receive.
In Louisiana, non-custodial parents are responsible for child support payments from when the application for support was made to when the support order was issued by the court. These past-due amounts are referred to as retroactive child support.
If a parent is entitled to back child support in the State of Louisiana, then they can request that the court garnish the wages of the child’s other parent. When the court does order a garnishment, the employer of the paying parent will be required to deduct wages from the parent’s pay in order to pay the amount of back child support that they owe.
When the amount that is garnished from the worker’s paycheck is not enough to pay what is owed or when the paying parent becomes unemployed, the receiving parent may be able to use other methods to obtain the child support they are owed. A parent may also have the ability to put a lien on personal property of the paying parent.
Placing a lien on the paying parent’s property gives the receiving parent a security interest in that property. This means that when the paying parent’s property is sold, the receiving parent, or lienholder, is entitled to the proceeds from that sale.
For more information on the options that might be available for an individual to obtain back child support in Louisiana, it is essential to consult with a local Louisiana lawyer.
When Is Child Support Owed to an Adult Child?
In most situations, children will be eligible to receive child support until they become adults in the state or graduate high school. A parent should be aware that, under certain specific circumstances, they may have to pay child support even after their child becomes an adult when they have a disability which prevents them from supporting themselves.
The exact disability that the child has is typically not considered by the court. Instead, the court will examine whether or not the child’s disability prevents them from caring for themselves without having financial assistance or supervision.
When an adult child has a disability, a court will use the same formula that it uses to calculate child support amounts in cases involving minor children. In addition, the court will examine whether or not the adult child has received financial support from a government agency.
If the court is handling a case involving an adult child, it will use the child’s best interests standard when making any decisions. When a parent does not pay child support for their adult child as ordered by a court, their adult child may be able to file a lawsuit against them.
To get more information on how an adult child may be able to collect the child support amounts they are due, they can consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
As noted above, child support arrears are past due amounts. In some cases, an adult child will be able to obtain the arrears they are owed when they file a lawsuit against the paying parent if they are the representative or executor of the custodial parent’s estate.
If there was a child support order issued before the child reached adulthood, their custodial parent might be able to sue their non-custodial parent. If there are arrears due, they will be classified as either unassigned or assigned arrears.
When the child support arrears are unassigned, it means they are owed by the paying parent and will be paid directly to the custodial parent if the custodial parent did not get any form of public assistance. It is important for custodial parents to know that, should they want to do so, they can waive their rights to the child support arrears using a child support waiver.
Once a child support waiver is signed, the parent who makes payments will no longer be responsible for the past-due amount. A waiver for back child support may be used in many different situations, for example:
- The parent owing arrears agrees to pay a specific amount in exchange for a waiver of the remainder
- The custodial parent has the ability to care for their child
- The child’s parents have reconciled, live together, and are sharing child-related expenses
When child support arrears are classified as assigned, it means the amount will be owed to the state. Typically, assigned arrears arise when the state compensated for unpaid child support payments in the past to meet the child’s basic needs.
These types of arrears usually only accumulate when the custodial parent has to obtain public assistance because they did not get their child support payments. Custodial parents only receive assigned arrears amounts if there is anything left over after the state is repaid.
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are several different types of issues that can arise when a parent files a lawsuit for child support that is in arrears. One common example is a dispute over the amount of arrears that is actually owed.
Another common example is how far back in time the receiving parent is able to claim they were owed child support. In addition to these types of issues, there can also be a statute of limitations that applies to claiming back child support amounts.
As noted above, a parent is required to financially support their child until adulthood, which is 18 years of age in Louisiana. When child support arrears accumulate, they usually do not expire or be discharged in a bankruptcy.
A lawyer can provide a parent with advice and information about the types of issues that may arise in their specific case if they file a lawsuit for back child support in Louisiana. As there may be statutes of limitations that apply, it is important to consult with a lawyer as soon as possible.
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are an adult child in the State of Louisiana who has issues or concerns with unpaid child support amounts, it is important to consult with a Louisiana child support attorney. Your attorney can explain the options in your specific situations and whether any statutes of limitations will apply.
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