What If You Owe Childsupport Arrears And All The Children Are Grown?
Is my ex still required to pay the arrearage after my children are all grown and of age? What happens if he doesn’t pay it?
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on Tuesday, February 16th, 2010 at 10:52 am and is filed under Just Kids.
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Posted on February 16th, 2010 at 11:04 am
Yes he is still on the hook for the arrearages, they will have to be reduced to a judgement to be collected.
Some states have statutes of limitations on collection of child support. IN Texas for instance the action must be brought within ten years of the child becoming of age.
So if you have to persue it don’t wait too long.
Posted on February 16th, 2010 at 1:00 pm
Yes, he has to pay. The arrears is money that he should have paid whil the children were growing up. Just because they are grown and no long need his financial support does not relieve him from the past obligations.
In other words, it’s the same as when you go to a restaurant and eat a meal. You can turn around after the meal and say you don’t owe anything because the food is gone.
Posted on February 16th, 2010 at 6:08 pm
He is still supposed to pay.
My mom wanted back support after we were grown, and I always resented her for it. My dad did the best he could have, and sent what he could. All the while my mom was not letting us see our dad and blaming it on back support.
When I was getting older my mom wanted me to sue my dad for the back support. (I think the children are due the money- not the ex wife) I didn’t sue, but did talk to my dad about it.
He told me his side and I saw his living conditions. He did his best and sacrificed the rest of his life to pay the best he could.
My mom moved us 4 states away from him. Into a home her dad owned, and paid no rent. She remarried, and he contributed to our family. So during that time when my mom would not let my dad see us- that was part of the divorce papers as well- and was living with another man- I could see why my dad would have gone behind.
Anyway- fast forward to today. My brother and I had a wonderful relationship with our dad after we became adults. He died from Cancer in 2006. He was a great man, and always did his best for us. While working two jobs and living in a studio apt. paying my mom support while she had a nice house, a new man, and used us against him to make her point.
My brother and I do not have a good relationship with my mom. She has shown time after time her hate towards my dad. This drove us away from her. (She was the cheater, so why was he the bad guy?)
So- I would say- “Drop it!” Let your ex move on with his life. Why do YOU want the money anyway??? It should be for the kids.
If you loved him enough at one point to have married him- then give your forgiveness- and forget about all the BS- wish him well (in your own heart) and encourage your kids to get to know him if they desire to do so.
In other words- be a good person- not petty over the past.
Posted on February 16th, 2010 at 10:13 pm
He is still responsible for paying it, if he doesn’t they can take him to jail, take away any kind of license he has(drivers, hunting, fishing, business) my stepdad has been to jail twice for not making proper payments, and his youngest child is 25.
Posted on February 17th, 2010 at 5:07 am
Hmmm. I think he is still on the hook for the money. For example, if you had receive public assistance…they would still expect him to make good on the money. I don’t think there’s any difference just because the money came from you and not the public.
Posted on February 17th, 2010 at 11:27 am
i was told that you are still required to pay it. also when the children reach 18, they can sue you for the back pay
Posted on February 17th, 2010 at 1:09 pm
Absolutely. He can be jailed, wages garnished and any assets attached. Whenever the children’s mother decides to place a claim, he will be held legally liable.
Posted on February 17th, 2010 at 7:09 pm
Yes he is.
If he doesn’t pay then his wages can be garnished, and in extreme cases he can be jailed.
Richard
Posted on February 17th, 2010 at 8:23 pm
he still has to pay.