Child support is a court-ordered payment that parents are required to make on behalf of their minor children. The purpose of child support is to provide financial assistance for the basic needs of living such as food, clothing, housing, and medical care. All 50 states in the United States have child support laws with guidelines for determining how much a parent should pay in child support payments.<\/p>\n
Child support payments are commonly seen as an ongoing obligation between divorced or separated parents. This means that once established it will remain in effect until the child becomes an adult or is emancipated from parental<\/a> authority by legal action such as marriage or reaching a specific age limit set by state law. <\/p>\n It\u2019s important to note that one parent cannot unilaterally terminate an arrangement for child support payments without legal proceedings. Therefore, when either parent does not comply with their court<\/a> ordered obligation, it is possible for them to be found in contempt and suffer consequences which can include wage garnishment, jail time and fines. <\/p>\n In some cases, depending on the state laws, both parents may be required to provide financial assistance even if they were never married but rather had a common-law relationship. Additionally, non-custodial parents (the parent who does not have physical custody) may also be responsible for reimbursing daycare costs<\/a> and tuition if those expenses occur due to employment issues during working hours with regularity sufficient enough so as to have affected custody arrangements. <\/p>\n In summary: Child support is a court-ordered payment that all fifty states require in order to ensure ongoing financial assistance of children whose parent’s no longer live<\/a> together\u2014either through divorce, separation or other situations where care and responsibility must be shared between two people otherwise unable or unwilling to co-parent cooperatively. In any event involving money being exchanged between two parties related in such matters, ensuring attorneys are consulted prior to binding agreements is strongly advised in order to ensure appropriate documents exist shielding both parties from potential abuses of rights<\/p>\n When a parent is legally required to provide financial support for their children, the obligation often continues until those dependent children reach legal adulthood. In some circumstances \u2014 such as when a young adult chooses to continue their studies in college or an apprenticeship program \u2014 the responsibility of providing this support<\/a> may even continue past the age of 18. But once a child has reached legal adulthood, suing one or both of their parents for back pay or ongoing support payments becomes more complicated and limited by certain laws.<\/p>\n It’s important to remember that regardless of your age, you will always have some rights as a dependent who needs financial security. Depending on the laws in your particular state, if all other attempts at obtaining financial assistance from your parents have failed and you find yourself in need of ongoing monetary contributions from them, there may be options available for exploration regarding a legal claim applicable to adults considered dependents beyond 18 years old.<\/p>\n Generally speaking, more than half of U.S. states do not recognize adult-defined dependency as cause for seeking continuing child support from one\u2019s natural parents \u2013 either due to lack of statutes allowing it or because judges have found any claims regarding post-18 dependency unenforceable under common law provisions that refer only to minors under 18 years old being eligible for relief through such litigation procedures involving contracts between the parties involved (i.e.: parents).<\/p>\n The states that do allow dependents over 18 years old to pursue judicial remedies involving parental responsibility line up very specifically around certain prerequisites outlining specific conditions related directly to one’s level of need and demonstrably permanent disability due solely or largely upon genetics or physiology: i.e.: medical\/ physical characteristics over which they had no control (for example: severe mental illness making gainful wage employment virtually impossible). <\/p>\n Conspicuously absent among these perquisites are life decisions made at eighteen years old falling outside matters concerning direct abilities connected with physical functioning; decisions regarding career paths and education that might defer wages pending completion<\/p>\n When a non-custodial parent fails to provide financial support for their child after they reach the age of 18, the custodial parent may find themselves in an incredibly difficult financial position. Fortunately, they may be able to take legal recourse to recover these costs<\/a> through litigation. In this blog article, we will provide an overview of how to sue for child support after age 18 as well as tips on determining if legal action is the best approach and preparing your case for litigation. <\/p>\n The first step in considering a lawsuit is understanding what types of damages you can recover from an adult child support order. Generally speaking, courts have identified three broad categories of damages that may be available: past-due amounts for missed payments during their teenage years that should have been paid by the non-custodial parent; current payments up until either the age of emancipation or when they become financially independent; and potentially even college expenses which are often defined narrowly by state laws. <\/p>\n Once it\u2019s been determined that taking legal action is the best course of action<\/a>, several prerequisites must typically be met before filing your case with the court. For starters, it\u2019s often recommended that parents review applicable state legislation related to adult child support orders with some jurisdictions having specific statutes outlining situations where cases can be pursued. Additionally, you’ll need proof of identity and residence for both parties involved as this information is required when establishing jurisdiction over disputed matters like family law disputes involving minors between two states or even within one state but across county lines. <\/p>\n In addition to these considerations, documents from any prior proceedings between those involved should also be gathered if available as these will help provide context for your arguments and might also prove key statements made when negotiating a settlement agreement between parties back then too \u2013 including<\/a> terms related specifically to setting up payment schedules at various points (such as high school graduations or turning 21). Collecting any evidence from back then\u2014including correspondence via emails or letters\u2014could<\/p>\n When a parent is looking to sue for child support after their child turning 18, there are many questions that arise. This article answers four main Frequently Asked Questions (FAQs) surrounding this topic, to provide an overview of the legal process<\/a>. <\/p>\n Q1: What are the eligibility criteria for suing for child support after age 18?<\/p>\n A1: In most cases, adult children become financially independent upon turning 18 and no longer qualify for child support payments from their parents. However, in certain scenarios they may be eligible to receive financial aid if they are still in education or attending an approved rehabilitation program up until the age of 20. Depending on your circumstances and what county you live in, a judge may also consider special circumstances such as illness or disability which could make a person eligible to receive financial aid even beyond this age bracket.<\/p>\n Q2: Is there a time limit for pursuing child support after age 18? <\/p>\n A2: Generally speaking, people who wish to pursue legal action must do so within three years of the date when their child turned<\/a> 18 or is deemed legally independent; otherwise the case may be ruled invalid due to statute of limitations. That being said, it’s important to note that each state has its own rules and regulations regarding time limits so it’s best to educate yourself thoroughly on your specific situation before taking any legal action<\/a>. <\/p>\n Q3: How much money can I expect from suing my ex-spouse\/parent? <\/p>\n A3: When filing a lawsuit for unpaid child support after age 18, the amount owed will depend on various aspects such as how long payments were missed, combined with extra matters such as how far behind current payments are and other lifestyle financiial costs that should have been covered by one or both parents while they were not contributing financially. Keep in mind too that all related expenses including court fees must be taken into account when calculating totals owing before issuing court papers and serving them on your ex-spouse\/parent<\/p>\n When it comes to child support, most states have laws in place that require parents of a minor child to provide financial support until the child reaches the age of majority. In most states, this age is 18 years<\/a> old and can go as high as 21, depending on where you live. Although a young adult may be out on their own and living independently, sometimes circumstances may arise which would warrant the continuation of receiving child support even after they reach the legal age requirement. To help better understand your rights for filing for child support when an individual is over 18 years of age, here are 5 facts about suing for child support after reaching majority: <\/p>\n 1) Maximum Age Limitation: Even if a state law allows people to sue for past due or back payments – regardless of how much time has passed since those payments were originally due \u2013there are still certain limitations that come into play should someone take their case to court. The most common limitation is that an individual must file for what\u2019s known as Title IV-D Arrears before he\/she turns 32 \u2013 three years beyond the maximum majority age<\/a> set by law; otherwise any claims to unpaid amounts will not be granted by courts. <\/p>\n 2) Burden Of Proof: When it comes to sueing for past due payments, there must be evidence or proof provided to prove<\/a> any arrearages (unpaid balances). This could include anything from bank account<\/a> information documenting money transfers or canceled check copies with credits taken out during particular months indicating regular payment had been made; in addition other documents showing attempts at collecting monies owed can also serve as relevant evidence. <\/p>\n 3) Degree Of Justification: It\u2019s important understand that even though you can legally collect overdue payments related to prior obligations such as college tuition or medical bills incurred before your adult\/child turned 18 from their other parent , a resolution providing recompense may not always occur\u2013 so its best practice focus specifically on cases responsible parties are more<\/p>\n If you are the parent of an adult child and considering suing for unpaid child support after the age of 18, this section will provide additional resources that can help with coming to a resolution. Even though your state or country may have laws against filing a claim for repayment of back child support beyond 18, there are still options available that can be explored before deciding to move forward with suing your former partner or spouse.<\/p>\n Regardless of whether or not you are able to collect back payments, seeking legal counsel is advised in order to better understand where to start with the process. While each situation may require its own individual assessment, there are certain steps you can take to make sure all of the appropriate paperwork is completed correctly and any agreements between parties is legally binding.<\/p>\n Start by familiarizing yourself within your local jurisdiction’s rules on collecting past-due child support payments. From there, review specifically what must be done concerning collecting from ex spouses or partners who live out-of-state as some states require different administrative processes<\/a> between those two groups. Also consider obtaining information about protecting yourself against tales told in court which may influence outcomes towards your disadvantage if not aware beforehand (e.g., who foots attorney fee<\/a> bills should either party decide to go this route). <\/p>\n Once all necessary paperwork has been gathered and reviewed thoroughly\u2014both by your legal counsel and you\u2014it’s recommended pursuing any negotiations with exes through mediation sessions in lieu of court appearances whenever possible; usually these come at far lower costs than taking any special matters into a courtroom environment related strictly to back due forms payments.. Exploring settlements outside court leaves more control over destiny outcome with concerned family members themselves and often times allows issues pertaining them getting caught up on current monies owed and future required arrangements less strenuous financially while also providing avenues leading directly away from potentially messy lawsuits involving third parties such as lawyers or judge interventions. <\/p>\n2) Exploring Your Legal Options for Suing for Child Support After Age 18<\/h2>\n
3) Step by Step Guide to Suing for Child Support After Age 18<\/h2>\n
4) FAQs About Suing for Child Support After Age 18<\/h2>\n
5) Top 5 Facts about Suing for Child Support After Age 18<\/h2>\n
6) Additional Resources For Those Considering or Going Through the Process of Suing for Child Support After Age 18<\/h2>\n