Generally, no, it is not possible for an adult child to sue for back child support. There can, however, be other methods an individual may be able to use to get the child support they are due.
A parent is typically required to pay child support to help the custodial parent with the costs associated with raising a child. Child support payments are often paid on a monthly basis after a legal separation or divorce case.
If child support is not paid to the custodial parent, it is called back child support or arrears. If the parent who is ordered by a court does not make the payments, they are violating the order and can face legal consequences.
A parent who is ordered to receive child support payments or is owed back child support is legally entitled to receive that money. Parents commonly file cases in court to obtain these funds.
If a child’s parent is owed back child support in Missouri, they can request that the court garnish the wages of the other parent. If the court does order a garnishment, the parent’s employer has to deduct wages from their pay to cover the amount of back child support they owe.
If the garnished amount does not cover the amount that they owe or if the parent loses their job, the parent who receives payments may be able to use other methods to get the money they are owed. They may also be able to place a lien on the paying parent’s property to obtain child support.
Putting a lien on an individual’s property can provide the receiving parent with a legal claim to the property and a security interest in that property. When that property is sold, the lienholder can receive proceeds from the sale.
To find out more about the options that may be available to obtain back child support in Missouri, a parent can reach out to a local Missouri lawyer.
When Is Child Support Owed to an Adult Child?
Typically, a child is eligible to receive child support until they become an adult in their state or graduate high school. Parents should note that there are circumstances in which they may owe child support to an adult child who has a disability that prevents them from supporting themselves.
The specific disability that the adult child has to qualify may be physical or mental and may include chronic mental illnesses. A court is not usually concerned with the specific disability and will only consider whether or not that disability prevents the individual’s adult child from taking care of themselves without supervision or financial help.
If an adult child does have a disability, courts will utilize the formula that is used when calculating child support for a case that involves a minor child. A court will also evaluate whether or not the adult child gets financial support from the government.
Although a case may involve an adult child, the court will still use the child’s best interests standard when making decisions, as in cases involving minor children. If an adult child’s parent does not provide the child support payments they are ordered to pay, an adult child may be able to file a lawsuit.
To get more information on how an adult child can get child support they are owed, an individual can consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
An adult child may also be able to get child support arrears by filing a lawsuit against a parent if the child is the executor or representative of their custodial parent’s estate. When there was a child support order in place before the child became an adult, a custodial parent may be able to file a lawsuit against the child’s non-custodial parent.
Past-due child support amounts, or arrears, are classified as either assigned or unassigned. If child support arrears are assigned, they are owed to the state itself.
Assigned arrears usually accumulate if the state pays unpaid child support payments to meet the basic needs of a child. This category of arrears usually accumulate when a custodial parent receives public assistance because they did not receive child support payments. A custodial parent only receives funds from this category if there is any leftover once the state has been repaid.
If child support arrears are unassigned, they are paid to the custodial parent. Unassigned arrears are owed by the paying parent.
If the custodial parent did not get state or federal public assistance, the unassigned arrears amounts will go directly to them. Custodial parents can waive their rights to obtain these amounts with a child support waiver.
If a child support waiver is signed, the parent required to make payments will no longer be liable for the arrears. Waivers of back child support may be used in different types of situations, such as:
- The child’s custodial parent can care for them on their own
- The custodial parent signs a waiver in exchange for the non-custodial parent paying a portion of the arrears they owe
- The child’s parents got back together, live together, and share expenses for raising the child
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are numerous issues that may arise related to lawsuits involving child support arrears, including how far back an individual can claim child support. There may also be a statute of limitations that apply to cases involving child support in some jurisdictions.
Parents are legally required to give their children financial support until they reach the age of majority, or 18, in the State of Missouri. Child support arrears typically do not expire and cannot be discharged in bankruptcy proceedings.
Another issue that may arise is whether or not the non-custodial parent still owes the child support amount that the custodial parent requested. An attorney will be able to give a parent a better understanding of all of the issues that can arise in a lawsuit for back child support in Missouri. In addition, a parent’s lawyer will be able to inform them if there are statutes of limitations that apply to their claim.
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are a parent in Missouri who has concerns about your unpaid child support, whether you are owed arrears or you make payments, your Missouri child support attorney can give you advice and help. A parent’s lawyer can tell them about the Missouri laws that will apply to child support issues.
If you are owed child support arrears, your lawyer will be able to give you advice about your options and what the possible outcomes may be. If you make payments, your lawyer may be able to negotiate a waiver to relieve some of the arrears you owe.
When you use LegalMatch, you will be able to use a no cost attorney matching service that connects you to child support lawyers near you who can help. It only takes about 15 minutes to fill out the simple online submission form.
After you submit your issue, you will get responses from attorneys in your area in around 24 hours who are licensed to practice in your state. In addition, the responses will include information about the lawyer’s background, fee arrangements, and client reviews.
