Can I Sue My Parent for Decades-Old Unpaid Child Support? October 18, …

Because, frankly, our lives, our children’s lives, and even our spouses’ lives DO depend on it. A complete catastrophe for fathers who love and support their children. Now, I’m not the brightest person on the planet…but, it seems like this gross inefficiency alone would be cause enough for any reasonable divorcee to put differences and mistrust aside for the sake of the children. I walked to the enforcement agency with a $1,500 check in-hand one time, thinking I was being an excellent, dutiful, stand-up father by over-paying my child support obligation, but my son failed to see that money for close to half a month! And how to deal with back child support as a father in a deeper sense, as a good father, no government agency [nor any third party for that matter] is gonna dictate how I spend my time and money. THAT SAID, LET’S BEGIN AT THE END OF THE STORY… Just a few days ago, my ex-wife decided to drop her child support judgment against me, which had previously entitled her […err, my son] to roughly $1,200 per month in my financial contributions.
When that happens, the non-custodial parent should find a lawyer and go over the options for adjusting the order. There can be stiff penalties for a parent who is unwilling to pay child support. When a parent outright refuses to contribute, even with a court order directing them to, it can create a lot of stress and frustration for the custodial parent. In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.
What Are the Penalties for Failing To Pay Child Support?
If you get an attorney on the case, however, this can help the case get to court faster and produce faster successes. If the non-paying ex has moved out of state, it is possible to take your Massachusetts child support order to that other state in order to start enforcement actions. Through the Payment Intercept Program, the Department of Revenue can also take insurance claims from the paying parent in order to pay their overdue child support, the DOR and insurance companies making sure that children get the money owed them. This may require you to take him or her to court, depending on the situation. Outside of those countries, there will be a lot more legal hoops to jump through, but with the help of a knowledgeable lawyer and some federal resources, it can be done.


At the court hearing, the judge will consider your request and any supporting documents you provided. Take the printed form to the Family Court or Support Collection Unit (SCU) where your child support order was originally filed. The DIY Support Modification and Enforcement Tool asks questions and makes the form for you to give the court. It is helpful to use supporting documentation, like pay stubs, tax returns, proof of child care expenses, and other financial information to help you fill out the for

Your attorney can petition the court to garnish wages or seize property, and can advise you on working with state agencies to intercept tax refunds. The penalties for ignoring child support payments will depend on the specific details of each case. For a joint tax return with the new spouse’s income, the spouse is still entitled to their portion of the tax refund. If the parent owing child support files a joint tax return with a new spouse, it can affect the distribution of tax refunds if there are child support arrears. However, your state may not have a tax intercept program if they don’t collect state income tax.
States may have different timelines for when child support is late enough to warrant action from the courts. Just because a judge issues a court order for a non-custodial parent to pay child support, that doesn’t mean the parent will always actually pay or pay on time. So, if a North Carolina custodial parent needed to collect back support from a parent living in California, California’s statute of limitations (or lack thereof) would apply since it is longer than North Carolina’s. In other states, such as New Jersey and Arkansas, back-collection for child support is barred five (5) years after the child in question reaches the legal age of majority (which, again, varies by state but is usually between the ages of 18 and 21). The county DCSS can also sue to collect the arrears, particularly if the custodial parent and child had to receive public assistance during the periods of unpaid support.
My Ex Is Not Making Child Support Payments — What Can I Do?

For legal advice on collecting unpaid child support, contact an experienced child support lawyer. A child support attorney can explain your legal options and help you take legal action to get back child support. If these attempts to collect child support payments aren’t successful, there may be other penalties. A delinquent parent can face several consequences in a child support case, including contempt-of-court charges and civil penalties.

They can tell you your options depending on where you and the other parent live. But how to deal with back child support as a father they provide the help you may need to collect it from a parent. A child support order legally requires a parent to help pay to raise a child.