Generally, the law does not allow an adult child to sue for back child support. There may be other ways a child can obtain the child support that they are owed.
Parents are often required to pay child support to their child’s custodial parent to help with the costs of raising the child. These payments are usually made on a monthly basis during or after a legal separation or divorce case.
When child support is not paid, it will become arrears or back child support. When the parent ordered by a court to make payments fails to do so, they are in violation of that order and may face legal consequences.
The parent who receives child support payments and is owed back child support is legally entitled to those funds. It is common for a parent to file a lawsuit to get these amounts.
When the parent of a child is owed back child support in Massachusetts, they can ask a court to garnish the wages of their child’s other parent. When the court orders a garnishment, the individual’s employer is required to deduct wages from their pay in order to pay the back child support amount they owe.
In cases where the amount that is garnished does not satisfy the amount that is owed or if the parent loses their job, the receiving parent might be able to utilize other methods to obtain the money they are owed. An option that may be available to obtain funds is to put a lien on the paying parent’s property.
Placing a lien on property can give the receiving parent a legal claim to the property or obtain a security interest in that property. When the property is sold, the holder of the lien has the right to receive proceeds from that sale.
For more information on the options for obtaining back child support in Massachusetts, an individual can consult with a local Massachusetts lawyer.
When Is Child Support Owed to an Adult Child?
In most situations, child support will be owed to a child until they reach the age of adulthood in the state or graduate high school. Child support obligations can end if the child is emancipated.
It is important for parents to be aware that they may owe child support to an adult child in certain situations. If the adult child has a disability preventing them from supporting themselves, their parents may still have to pay child support.
The disability the adult child has can be mental or physical and may also include a chronic mental illness. Courts will not usually be concerned with the specific disability and will only take it into consideration whether or not the disability prevents the adult child from caring for themselves without supervision or financial support.
When an adult child has a disability, the court will use the same formula it would use to calculate child support when a case involves a minor child. The court will also review whether or not the adult child receives financial support from the government as supplemental income.
Even though the individual involved in the case is an adult child, the court will still follow the child’s best interests standard as it would when handling a case involving a minor child. When the parent of an adult child does not pay the child support they were supposed to pay, the adult child might be able to file a lawsuit.
To get more information on how to obtain child support for an adult child, an individual should consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
Another option an adult child may have to obtain child support arrears is to file a lawsuit against a parent if they were the executor or representative of their custodial parent’s estate. As noted above, arrears, also called retroactive child support, are amounts of child support that are past due.
Past-due child support amounts can be classified as assigned or unassigned. When child support arrears are assigned, it means that they are owed to the state.
These types of arrears typically accumulate when the state pays a parent’s unpaid child support payments so that the basic daily needs of the child can be met. These often accumulate when custodial parents have to receive public assistance because they do not get their child support payments. Custodial parents will only receive this category of arrears when there are funds leftover after the state is repaid.
When arrears are unassigned, they will be paid to the custodial parent. These are amounts that are owed by a paying parent.
If a child support order existed before the child reached adulthood, the custodial parent may have the ability to file a lawsuit against the non-custodial parent. When an adult child represents a custodial parent’s estate, they may have the ability to file a lawsuit to obtain the back child support they are owed.
If a custodial parent did not receive federal or state public assistance, the amount of unassigned arrears will be given directly to them. A custodial parent is allowed to waive their right to arrears with a child support waiver.
When a custodial parent signs a child support waiver, the parent who was ordered to make payments will not be required to pay the arrears that they owe. Child support waivers for back child support can be used in different situations, such as:
- The parents have reunited, they are living together, and they are sharing the expenses related to raising the child
- The custodial parent can take care of the child on their own
- The non-custodial parent offers to pay a part of the arrears that they owe in exchange for the custodial parent signing a waiver for the remaining arrears
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are many different types of issues that can arise in a lawsuit that involves child support arrears, such as how far back child support may be claimed. In some jurisdictions, there may be a statute of limitations that applies in cases involving child support.
A parent will be legally required to provide financial support for their children until the child reaches adulthood, or 18 years of age in Massachusetts. Child support arrears usually do not expire or go away. In addition, they can not usually be discharged in bankruptcy proceedings.
There may also be other issues that should be considered before filing a lawsuit to collect child support arrears. One is to make sure that the parent who was ordered to make payments still actually owes the amount that the custodial parent is requesting.
A parent’s lawyer will be able to explain all of the possible issues that may arise in a lawsuit for back child support in Massachusetts. Additionally, an attorney can explain any statutes of limitations that may apply as well as options that may be available to obtain the arrears.
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are a Massachusetts parent and you have concerns about unpaid child support, whether you pay or receive, your Massachusetts child support attorney can help resolve your concerns. Your attorney can advise you of Massachusetts laws that apply to child support issues.
If you are a parent who is owed child support arrears, your attorney can advise you of what your options may be for recovery and the possible outcomes. If you are the parent who makes payments, your attorney can help you try and negotiate a waiver for any arrears you owe.
Using LegalMatch, you can take advantage of no cost lawyer matching services to find a child support attorney in your area who can help you resolve your concerns. It is easy to complete your submission on the website in around 15 minutes.
Once you have submitted your question or concern, in around 24 hours, you will get responses from member lawyers who are pre-screened and licensed to practice in your area. You will also receive information on each attorney’s background, fee arrangements, and client reviews.
