Typically, it would not be possible for an adult child to sue for back child support in Pennsylvania. There are other ways, however, that an adult child may be able to pursue the back child support amounts they are owed.
Parents are often ordered to pay child support to assist custodial parents with the costs involved with raising children. Payments for child support are typically made on a monthly basis following or during a legal separation or divorce case.
When a child’s custodial parent does not receive the child support payments they are due, they become arrears, or back child support. When a parent does not make their ordered payments, they are violating the court order and may face negative legal consequences.
Parents who get child support or are owed back child support are legally entitled to those funds. It is common for a parent to file a court case to recover the money they are owed.
In Pennsylvania, non-custodial parents will be responsible for payments from the time the application for payments was filed to the time an order was issued. This is referred to as retroactive child support.
When a child’s parent is owed back child support in Pennsylvania, they may ask the court to garnish the paying parent’s wages. When a court orders a garnishment, the employer of the paying parent is required to deduct wages from the worker’s pay to cover the back child support they owe.
When the amount that is garnished is not enough to cover the amount owed or when the paying parent loses their job, the receiving parent can also use other methods for obtaining the funds they are due to receive. It may also be possible to have a lien placed on property of the paying parent.
Placing a lien on the paying parent’s property can give the receiving parent a security interest in that property. This means that if the paying parent’s property is sold, the holder of the lien is entitled to get proceeds from the sale of the property.
For more information on the options that may be available for getting back child support in Pennsylvania, an individual should consult with a local Pennsylvania lawyer.
When Is Child Support Owed to an Adult Child?
In most situations, children are able to get child support until they reach adulthood or graduate from high school. A parent should be aware that, in certain circumstances, a parent may have to pay child support when they have an adult child with a disability that prevents them from supporting themselves.
The exact disability the adult child has is not typically considered by the court. Instead, the court will review whether or not the adult child’s disability prevents them from caring for themselves without financial assistance or supervision.
When an adult child is disabled, a court will use the same formula for calculating child support as used in cases involving minor children. Courts will also review whether the adult child receives financial support from the government.
Even in cases involving adult children, courts still follow the child’s best interests standard when making decisions. When the adult child’s parents do not make their child support payments as ordered, their adult child may be able to file a case against them.
To find out more about how adult children may be able to collect child support they are due, it is important to consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
Arrears are past-due child support amounts. In some cases, an adult child may be able to obtain child support arrears they are due by filing a lawsuit against their parent when the child is the executor or representative of their custodial parent’s estate.
If there was a child support order prior to the child reaching adulthood, the custodial parent may also be able to sue the non-custodial parent. Any arrears will be classified as unassigned or assigned.
When arrears are unassigned, it means they are owed by the paying parent and are paid to the custodial parent. When a child’s custodial parent did not receive any form of public assistance, the amount of unassigned arrears will go directly to them.
A custodial parent is permitted to waive the rights they have to obtain the arrears using a child support waiver. When the type of waiver is signed, the parent who has to make payments no longer owes the past-due amount.
A back child support waiver can be used in several different situations, including:
- The custodial parent signs a waiver when the non-custodial parent pays a portion of the arrears they owe
- The child’s custodial parent is able to care for them on their own
- The child’s parents get back together, live together, and share expenses related to raising the child
When arrears are categorized as assigned, it means the amount is owed to the state. Arrears categorized as assigned typically accumulate when the state pays unpaid child support payments in order to meet the child’s basic needs.
This type of arrears often accumulates when custodial parents got public assistance when they did not get their child support payments. Custodial parents who get funds from the assigned category will only get money if there is any leftover after the state is repaid.
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are many different types of issues that can come up in a lawsuit that involves child support arrears, which include how far back the individual may be able to claim they are owed support. In addition, there may be a statute of limitations that applies to child support cases in certain jurisdictions.
A parent is required to provide their children with financial support until they become adults in the state, or turn 18 in the State of Pennsylvania. Usually, arrears do not expire, and an individual will not be able to discharge them in bankruptcy proceedings.
There are also other issues that may come up, such as whether the non-custodial parent still actually owes the support amount the custodial parent claims they owe. An individual’s lawyer can provide them with advice on all of the issues that may come up if they file a lawsuit for back child support in Pennsylvania.
Additionally, an attorney can advise an individual whether there will be a statute of limitations that applies to their claim. Because time limits may apply, it is important to reach out to a lawyer as soon as possible.
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are a Pennsylvania parent who is concerned about any unpaid child support, whether you make payments or are owed arrears, your Pennsylvania child support attorney can provide you with assistance and advice. Your attorney can also tell you about the Pennsylvania laws that apply in child support cases.
When you are owed arrears, your attorney can advise you regarding your options and potential possible outcomes. If you pay child support, your attorney may have the ability to negotiate a waiver so you do not have to pay some or all of what you owe.
By using LegalMatch, you can find a lawyer near you who can help. The no-cost lawyer matching service only takes about 15 minutes to use by completing an online submission form.
Once your concern is submitted, you will receive responses from lawyers near you in about 24 hours who are pre-screened and licensed. The responses you receive will also have information about their background, fees, and reviews from previous clients.
