Generally, an adult child cannot sue for back child support. However, there may be other ways that they can obtain the back payment amount, which will be discussed below.
Child support refers to payments that have been ordered by a court that are meant to help with the financial responsibilities of raising a child. They are usually made from one parent to another in a divorce situation, typically the custodial parent.
Child support that has not been paid, or back child support, is missed payments. If a parent does not make their court-ordered payments each month and on time, they violate the court order.
A parent who is owed back child support has the right to these payments. It is common for individuals to sue for back child support.
If a parent is owed back child support in Texas, they can request that the court garnish the other parent’s wages. The court will order the paying parent’s employer to deduct wages from their paycheck, and those wages will be used to pay the back child support.
Employers are legally required to comply with garnishment orders from a court. If the parent who is required to make payments loses their job or if the garnishment amount does not cover the back child support that is owed, the receiving parent may be able to pursue other types of legal remedies.
This may include having a lien placed on the paying parent’s property. A lien is a legal claim that is placed against an individual’s personal property or real property.
This lien gives the lienholder a security interest in the property, which means that they are entitled to proceeds when that property is sold. For more information on back child support issues in Texas, an individual should reach out to a local Texas lawyer.
When Is Child Support Owed to an Adult Child?
The majority of child support orders will terminate when the child graduates from high school or reaches the age of majority. A child support order may also terminate if the child becomes emancipated.
There are, however, exceptions to this rule, such as if the adult child is disabled and their disability prevents them from supporting themselves.
This includes both mental and physical disabilities, including chronic mental illnesses. In general, the court will not focus on the specific disability that the child has but, instead, on whether or not the child can care for themselves without financial supervision or support.
In these situations, the court will use the same formula for calculating child support as they would for a minor child. In addition, the court will examine whether the adult child receives financial support from the government to supplement their income and apply the child’s best interests standard as it does in any case involving children.
If an individual has an adult child who has a mental or physical disability and they have not paid their child support, the adult child may be able to sue them for the child support amount that is owed, called arrears.
The adult child’s guardian may also have the ability to sue the parent for the amount owed. For more information on how to collect child support for an adult child, it may be helpful to consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
Adult children may be able to sue parents for child support arrears if they are the designated executor or representative of their custodial parent’s estate. Child support arrears, also referred to as retroactive child support, arise when the paying parent did not make their child support payments and, as a result, owes back child support.
Child support arrears may be assigned or unassigned. Assigned arrears are missed payments that are to be paid to the state.
This is considered a form of reimbursement for when the state paid missing child support payments because the child needed them for their daily survival. This typically occurs when a custodial parent is on public assistance due to the lack of child support payments. In these cases, the custodial parent will likely only receive payments if money remains after the state has been repaid.
Unassigned child support arrears are amounts that have to be paid to the custodial parent. This applies as long as there is no child support waiver in place.
If there was a child support order in place before the child became an adult, the custodial parent can sue the non-custodial parent. In the alternative, an adult child who is representing the estate of the custodial parent may be able to sue for back child support.
Unassigned child support arrears are provided directly to a custodial parent only when they have never received state or federal public assistance. The custodial parent may choose to waive their right to this money, which would relieve the non-custodial parent from making back child support payments.
A waiver may be used when:
- The custodial parent can financially care for the child on their own
- The non-custodial parent offers to pay a part of the arrears in exchange for the custodial parent waiving the remaining portion owed
- The parents have reunited, are living together, and are sharing expenses
What Are Some Issues With Lawsuits for Child Support in Arrears?
One of the main issues that is associated with lawsuits for child support arrears is how far back child support may be claimed. There may be a statute of limitations for back child support.
Parents are generally legally responsible for financially supporting their children until they reach the age of majority, which is 18 in Texas. Some states may not take action for child support until after a divorce or dissolution of the marriage has been completed.
The statute of limitations for back child support in Texas is 10 years from the child’s 18th birthday. This means that if the claim is not filed by the time the child turns 28, it may be dismissed.
Other issues that an individual should consider prior to filing a lawsuit for child support arrears include:
- The court that initially ordered the child support payments must have also issued a prior judgment related to the payments
- That judgment must be permitted under state law to merge with the custodial parent’s estate
- The parent in arrears must still owe the custodial parent those amounts
- The court must have appointed the adult child to become the representative or executor of the custodial parent’s estate
- If the adult child is not appointed as executor by the court, the custodial parent has to have named them as the designated representative in their will
Do I Need to Hire a Lawyer for Help With Unpaid Child Support Issues?
If you have any issues or concerns related to child support arrears in Texas, it is important to consult with a Texas child support attorney. An attorney can explain the exact laws in Texas as well as the statute of limitations that may apply to your request.
Your attorney will help you obtain back child support and represent you whenever you have to appear in court. LegalMatch’s lawyer matching service can help you find a child support attorney near you in Texas who is ready to help you at no cost.
