Generally, it is not a possibility for an adult child to sue for back child support. However, there are other ways that an adult child may be able to obtain the child support they are owed, which are discussed below.
Child support is money that is paid to a custodial parent to help them with the financial responsibility for raising their child. Payments for child support are often paid during a legal separation or divorce or following one.
When child support payments have not been paid or are missed, they are referred to as back child support. When the parent who is supposed to make these payments does not, they are in violation of the court order.
A parent who receives child support and is owed back payments has a legal right to those amounts. It is common for a parent to sue to obtain their back child support.
When a parent is owed back child support in Washington, the parent may be able to ask the court to garnish the wages of the child’s other parent. If the court orders a garnishment, it will require the employer of the paying parent to deduct wages from their pay to pay back the child support they owe.
A paying parent’s employer will be legally required to adhere to the garnishment order that is provided by a court. When the amount that is being garnished does not cover the amount owed or if the paying parent loses their job, there can be other methods the receiving parent may use to obtain the money they are owed.
It may be possible to place a lien on personal or real property of the paying parent. This lien will give them a legal claim against that property or a security interest in the property.
This means that when the property sells, the lienholder has a right to the proceeds. An individual can consult with a local Washington lawyer for more information on how they can get back child support they are owed in Washington.
When Is Child Support Owed to an Adult Child?
A parent’s obligation to pay child support often ends when their child graduates high school or reaches the age of adulthood in the state. Child support obligations can also end if a child is emancipated.
It is important to be aware that there are certain exceptions to terminating child support. For example, if an adult child has a disability that keeps them from supporting themselves, child support may continue.
Disabilities may be mental or physical and may include a chronic mental illness. Generally, courts do not focus on the specific disability of the child but only that it prevents the adult child from caring for themselves without financial support or supervision.
When an adult child has a disability, the court will use the same formula for calculating child support as is used for calculating support for a minor child. Additionally, courts will review whether the adult child receives financial support from the government as supplemental income. Even though these cases technically include adults, the child’s best interests standard is still applied.
When the parent of an adult child with a mental or physical disability has not paid the support amounts they were required to pay, their adult child might be able to file a lawsuit against them for the arrears, or amount owed. The adult guardian of the child may also be able to file a lawsuit against the parent who did not pay. In order to obtain more information about getting child support for an adult child, it is important to consult an attorney.
What Is a Lawsuit for Child Support in Arrears?
An adult child may be able to file a lawsuit against a parent for child support arrears when they were named as the representative or executor of the custodial parent’s estate. Child support arrearages, or retroactive child support, are past-due child support payment amounts that the parent who is supposed to make payments did not provide.
An amount of child support arrears may be classified as assigned or unassigned. Arrears that are classified as assigned are those that are owed to the state.
These arrears accumulate when the state pays for unpaid child support payments to allow a child to have their daily needs met. These commonly accumulate when the custodial parent receives public assistance because they are not getting their child support payments. The custodial parent will only get any of these arrears funds if there is leftover money once the state is repaid.
Arrears that are unassigned are amounts that must be paid to a custodial parent. These arrears are owed by the paying parent unless a child support waiver was signed.
If a child support order was issued before the child reached adulthood, the custodial parent may be able to file a lawsuit against the non-custodial parent. The adult child who represents the custodial parent’s estate may also be able to file a lawsuit for back child support.
If a custodial parent did not receive federal or state public assistance, the unassigned child support arrears will be given directly to them. A custodial parent can waive the right to these funds with a waiver.
If they do so, the paying parents will not have to make the back child support payments they owe. Waivers for back child support can be used in situations such as:
- The child’s custodial parent can care for the child financially by themselves
- The child’s parents have reunited and are residing together while sharing expenses
- The non-custodial parent offers to pay part of the arrears they owe if the custodial parent will waive the remaining amount
What Are Some Issues With Lawsuits for Child Support in Arrears?
There are different types of issues that commonly arise in child support arrears lawsuits, such as how far back a parent can claim child support. A statute of limitations may apply to some cases involving back child support.
A parent is legally responsible for giving their child financial support until they are adults or 18 in Washington State. Past child support debts often do not expire. In addition, they cannot usually be discharged in bankruptcy proceedings.
There are also other issues to be considered before filing a lawsuit to collect child support arrears, such as whether the paying parent still owes the amount that is requested from the custodial parent.
Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?
If you are a parent with concerns about unpaid child support in Washington State, you should reach out to a Washington child support attorney. Your attorney can advise you on the Washington State laws that will apply to your child support issues, as well as whether there is a statute of limitations.
Additionally, your lawyer will fight to help you get the child support arrears amounts you are due to receive. LegalMatch gives you a no cost and easy way to locate a lawyer in your area who can help you.
It only takes a few minutes to complete the online submission forms. You will then get answers from attorneys in your area within around 24 hours that include information on their background, fees, and past client reviews.
