At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. a law firm or a substitute for an attorney or law firm. Like any financial obligation, the amount you're owed will accumulate and your ex will still be responsible for making back child support payments. States and the federal government are pretty serious when it comes to enforcing child support orders. explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, Just because your ex missed a child support payment doesn't mean the obligation goes away. If you owe child support in arrears and your child has reached the age of majority or another milestone specified in your child support order, the debt is still valid. For example, in some states, the child is considered an adult at age 18 while other states say 19 or 21; some say the child becomes an adult after finishing high school, regardless of age. So, if your child support should have ended when your son or daughter turned 18, your child's other parent only has until your child's 28th birthday to collect child support in arrears. When a judge orders a noncustodial parent to pay child support to the child's custodial parent, the intention is that the money be used to pay for the child's care and support. If the other parent accepts the terms of the settlement, a court order can be filed to support the settlement and essentially replace the previous child support arrears with an amount agreed upon during negotiations. Will Child Support Still Be the Same If the Child Turns 18 and I Still Owe Arrears? Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child's age. What Is in a "Character Letter" for a Child Custody Court Hearing. The content is not legal advice. A related question is whether a parent can choose to pay support to an older child directly, for example where the child is over 18 but in the circumstances is still entitled to support. LegalZoom provides So, if your child support should have ended when your son or daughter turned 18, your child's other parent only has until your child's 28th birthday to collect child support in arrears. California Family Lawyer Disclaimer: Wallin & Klarich handles certain types of family law cases in southern California. Judges consider a variety of factors when determining whether to order child support and, if so, how much to award. © LegalZoom.com, Inc. All rights reserved. Are you a legal professional? Sometimes, though, noncustodial parents struggle to meet their child support obligations. Some states' laws include statutes of limitations for late child support payments. We are not Call us today at (888) 749-7428 for a free phone consultation. Visit our professional site ». The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. My question involves child support in the State of: Minnesota My youngest will be turning 18 soon. How Long Can I Collect Past-Due Child Support? You will have child support arrears if you are ordered to pay child support but you have not paid or have only partially paid the child support obligation. Additionally, California Family Code 4722 states that you may face a penalty that ranges from 6% to 72% of the delinquent amount if you are more than 30 days late in payment.1. Unlike child support payments, which generally end when your child turns 18 years old, child support arrears only stop once the amount due is paid in full. Your divorce decree or separate child support court order defines specific child support requirements. Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. Sometimes, parents pay child support in arrears long after the child reaches adulthood. This field is for validation purposes and should be left unchanged. Typically, child support ends at that point, but if you are behind on your child support payments to your child's other parent, you must continue making payments to make up for the amounts you did not pay, called arrears, until you fulfill your obligation. Can Child Support Arrears be collected after a child turns 18? However, the same is not always true for child support arrears. Firefox, or Child support generally runs until a child turns 18, but if your ex missed payments during that time, can you still collect back child support after that? Dad Pays Back Child Support, Gets 6 Mos. Copyright © 2020 Wallin & Klarich - All rights reserved. As noted above, this debt does not go away, even after the child turns 18. The Rules for Back Child Support It is important to note, first of all, that rules on child support vary greatly by state. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Microsoft Edge. Please Share it. Child support laws are state specific. Even though you may face a significantly increased child support obligation if you have child support arrears, a successful child support attorney can help you reduce child support arrears that you may owe. Child support collection can be complicated, both legally and emotionally. This portion of the site is for informational purposes only. 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