In general, it is not possible for an adult child to sue for back child support. There are other ways, however, that they may be able to receive the amounts they were owed, which are outlined below.
Child support payments are amounts that are ordered by a court to assist a custodial parent with the financial responsibility of raising a child. Child support payments are usually paid from one parent to the other either during or following divorce or legal separation.
If child support payments are missed or have not been paid, they are called back child support. If a parent who is ordered to make payments does not do so every month, they are violating the court order.
Receiving parents who are owed back child support have a legal right to get those payments. Parents commonly sue to get their back child support amounts.
If the receiving parent is owed back child support in New Jersey, they can request that the court garnish the wages of the other parent. When a garnishment is ordered, it requires a paying parent’s employer to deduct wages from their pay, which is used to pay the back child support amount owed.
The employer of the paying parent is legally required to follow the garnishment order issued by the court. If the amount garnished is not enough to cover the back child support owed or if the parent who makes payments loses their job, there are other ways the receiving parent may be able to get their money.
One thing they may be able to do is have a lien placed on the paying parent’s property. A lien is a legal claim that is placed against an individual’s real property or personal property.
The lien gives the holder of the lien a security interest in the property. This allows the lienholder to receive proceeds when the property sells.
For more information on obtaining back child support in New Jersey, an individual should reach out to a local New Jersey lawyer.
When Is Child Support Owed to an Adult Child?
In many situations, a child support obligation will end when the child involved graduates high school or becomes an adult by reaching the age of majority in the state. Another way a child support obligation can end is if the child is emancipated.
There are exceptions to the typical times when child support ends. For example, if there is an adult child who is disabled and their disability makes it so they cannot support themselves.
A disability for these purposes may be a mental or a physical disability, including a chronic mental illness. In general, a court will not focus on the specific type of disability the child has but, instead, whether it prevents them from caring for themselves without supervision or financial support.
In these cases, the court will apply the same formula for calculating child support as it uses when calculating support for a minor child. In addition, the court will examine whether or not the child receives financial support from the government to supplement their income. Although the case technically involves an adult, the court will still apply the child’s best interests standard.
If a parent has an adult child who has a physical or mental disability and they have not paid the child support they were ordered to pay, that adult child may be able to sue them for the amount owed, referred to as arrears.
An adult guardian of a child can also sue a parent who pays child support for the amount they owe. To get more information on collecting child support for adult children, it is important to consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
Adult children might be able to sue a parent for child support arrears if they were designated as the executor or representative of the custodial parent’s estate. Child support arrearages, or retroactive child support, arises when the paying parent has not made their child support payments and, therefore, owes back child support.
Child support arrears amounts are classified as either assigned or unassigned. Assigned arrears are payments that were missed that are owed to the state.
Assigned arrears are reimbursements for when the state paid the unpaid child support payments because the child needed them for their daily life. This commonly occurs when a custodial parent is on public assistance due to not receiving their payments. In these cases, the custodial parent will likely only receive payments if there are any funds left over after the state is repaid.
Unassigned arrears are child support amounts that have to be paid to the custodial parent. These are owed so long as the parties did not sign any type of child support waiver.
If there was a child support order in place prior to the child reaching the age of adulthood, the custodial parent might be able to sue the non-custodial or paying parent. It may also be possible for the adult child representing the estate of the custodial parent to sue for back child support.
Unassigned child support arrears are given directly to the custodial parent if they did not receive state or federal public assistance. Custodial parents may choose to waive their right to these funds. If a waiver is signed, it relieves the non-custodial parent from being required to make the back child support payments.
A waiver for back child support can be used in certain situations, such as when:
- The child’s parents are back together and are living together while sharing expenses
- The custodial parent can financially care for the child by themselves
- The non-custodial parent offers to pay part of the arrears they owe in exchange for the custodial parent waiving the remaining amount that they owe
What Are Some Issues With Lawsuits for Child Support in Arrears?
Common issues that come up in lawsuits for child support arrears include how far back the receiving parent can claim child support. There may be a statute of limitations for receiving back child support.
Generally, parents are legally responsible for providing financial support to their children until they become adults, or reach the age of 18 in New Jersey. In some states, seeking back child support until the parents’ divorce is finalized.
In New Jersey, there may not be a statute of limitations for collecting back child support. Retroactive child support debts typically do not expire and usually cannot be discharged in a bankruptcy.
Other issues that an individual should consider before they file a lawsuit to collect child support arrears include:
- If an adult child was not appointed to be the executor of the custodial parent’s estate by a court, the custodial parent must have named the adult child as their designated representative in their will
- The parent in arrears must still owe the amount that is requested to the custodial parent
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you have any questions, concerns, or issues related to obtaining child support arrears in New Jersey, it is important to consult with a New Jersey child support attorney. Your attorney will be able to explain the New Jersey laws that will apply to your claim and advise you whether there is a statute of limitations that will apply to your request.
In addition, your attorney can help you obtain the child support arrears you are owed. You can use LegalMatch to find a child support lawyer near you who can start working on resolving your concerns.
It is free to use LegalMatch’s service and only takes a few minutes to complete. You will get responses from lawyers in your area who handle child support cases including their background, fees, and reviews from other clients.
