As a general rule, adult children cannot sue for back child support. There may, however, be other ways in which they can get the back payment amount they are owed, which will be discussed below.
Payments that are ordered by a court to help a custodial parent with the financial responsibilities of raising their child are called child support payments. These payments are typically made from one of the child’s parents to the other during or following a legal separation or divorce.
Child support payments that have been missed or not paid are referred to as back child support. When a paying parent does not make their payments on time each month, they are in violation of the court order.
A receiving parent who is owed back child support has the right to receive those payments. It is not uncommon for receiving parents to sue for back child support.
When a receiving parent is owed back child support in Ohio, they can submit a request to the court to garnish the other parent’s wages. If the garnishment is ordered, it will require the paying parent’s employer to deduct wages from their paycheck, which will be used to pay the back child support amount that they owe.
A paying parent’s employer is legally required to comply with a garnishment order that is issued by a court. If the garnishment amount does not cover the back child support owed or if the paying parent loses their job, there may be other remedies available for the receiving parent.
One example of this is having a lien placed on some of the paying parent’s property. This is a legal claim placed against someone’s real property or personal property.
This claim gives the lienholder a security interest in the individual’s property. This means that the lien holder is entitled to receive proceeds when the property is sold.
If an individual would like to find out more information on back child support in Ohio, they can consult with a local Ohio lawyer.
When Is Child Support Owed to an Adult Child?
Most child support orders end when a child graduates high school or becomes an adult under the law by reaching the age of majority. Child support orders can also end if a child is emancipated.
It is important to be aware that there are exceptions to the rules about when child support may end. This may include situations in which the adult child is disabled and that disability prevents them from being able to support themselves.
These situations may include both physical and mental disabilities, which includes chronic mental illnesses. Generally, courts do not focus on the specific disability but, rather, on whether or not the child is capable of caring for themselves without having financial support or supervision.
In these types of situations, a court will use the same formula for calculating child support as it would when calculating the amount for a minor child. Additionally, a court will review whether the adult child is receiving financial support from the government in order to supplement their income. The court will apply the child’s best interests standard in these cases as it does in any case that involves children.
If someone has an adult child with mental or physical disabilities and they have not paid the child support they owe, the adult child may have the ability to sue them for the owed amount, called arrears.
The adult guardian of the child may also be able to sue the paying parent for the amount they owe. For more information on collecting child support for adult children, it can be helpful to consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
An adult child may be able to sue their parents for child support arrears when they have been designated as the representative or designated executor of their custodial parent’s estate. Retroactive child support, also called child support arrears, come up when a paying parent did not make their child support payments and, because of that, they owe back child support.
The amount of child support arrears are either assigned or unassigned. Assigned arrears are defined as missed payments that are to be paid to the state.
Assigned arrears are considered a type of reimbursement for times when the state paid missing child support payments because they were needed for the child’s daily requirements. This often arises when the custodial parent is on public assistance because of the lack of their child support payments. In these situations, a custodial parent will only likely receive payments when there is money left over after the state is repaid.
Child support arrears that are unassigned are amounts that must be paid to the custodial parent. This will apply as long as there is no child support waiver in place.
If a child support order was in place before the child reached adulthood, the custodial parent may be able to sue the non-custodial parent. Another possibility is that the adult child who represents the estate of the custodial parent may be able to sue for back child support.
Child support arrears that are unassigned are provided directly to a custodial parent in cases where they never received federal or state public assistance. A custodial parent can choose to waive their right to this money. Doing so would relieve the non-custodial parent from having to make back child support payments.
Waivers for back child support may be used in situations when:
- The custodial parent is able to financially care for the child themselves
- The non-custodial parent offers to pay a portion of the arrears owed in exchange for the custodial parent waiving the remaining portion that they owe
- The child’s parents have reunited and are living together while sharing expenses
What Are Some Issues With Lawsuits for Child Support in Arrears?
A common issue that arises in lawsuits for child support arrears is how far back an individual can claim child support. A statute of limitations may apply for back child support.
A parent is, in general, legally responsible for financially supporting their child until the age of majority or 18 in Ohio. In certain states, action may not be taken for child support until a divorce is finalized.
In general, there is no statute of limitations for collecting back child support in Ohio. A retroactive child support debt does not typically expire and cannot be discharged in bankruptcy.
There are also other issues an individual can consider before they filed a lawsuit for child support arrears, including:
- The parent who is in arrears must still owe the custodial parent the amount being requested
- The court must have appointed the adult child to be the representative or executor of the estate of the custodial parent
- The court that first ordered the child support must have issued a prior judgment related to the child support payments
- If the adult child was not appointed to be the executor by the court, the custodial parent must have named them in their will as the designated representative
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
When you have concerns or issues related to child support arrears in Ohio, you should reach out to an Ohio child support attorney. Your lawyer can explain the applicable Ohio laws and whether there is a statute of limitations that applies to your request.
Your child support lawyer can help you get the back child support you are owed and represent you when you appear in court. By using LegalMatch’s no-cost lawyer matching service, you can find an Ohio lawyer near you who can help resolve your issues or questions.
