24 in WI, want to sue father

[sete80]

What is the name of your state? WI
My parents got divorced when I was about 4 years old. My father never paid child support and my mother did not pursue it because he was abusive. I am now 24 years old and feel that I have the emotional maturity to face my father in court. Can I sue him for support or am I too old now?

 

[rmet4nzkx]

Child support is owed to the parent, not the child, if your mother chose not to persue it it is too late.

 

[Phnx02]

What is the name of your state? WI
My parents got divorced when I was about 4 years old. My father never paid child support and my mother did not pursue it because he was abusive. I am now 24 years old and feel that I have the emotional maturity to face my father in court. Can I sue him for support or am I too old now?

If your mother had an order for CS at one time, it is still enforceable.....but only by your mother. If there was an order, this is a debt, and your father is NOT relieved of this debt just because you're now emancipated and he managed to avoid paying anything before you turned 18. But there is a statute of limitations (each state's SOL is different) for your mother to still collect......she has to file for a judgement against him before the SOL runs out which is generally anywhere between 5-10 years after you reached emancipation. Again, this can only be done if she already had an original order and he is in arrears of it. If she gets a judgment, wage garnishment can still apply until the debt is paid in full.

 

[I AM ALWAYS LIABLE]

If your mother had an order for CS at one time, it is still enforceable.....but only by your mother. If there was an order, this is a debt, and your father is NOT relieved of this debt just because you're now emancipated and he managed to avoid paying anything before you turned 18. But there is a statute of limitations (each state's SOL is different) for your mother to still collect......she has to file for a judgement against him before the SOL runs out which is generally anywhere between 5-10 years after you reached emancipation. Again, this can only be done if she already had an original order and he is in arrears of it. If she gets a judgment, wage garnishment can still apply until the debt is paid in full.

My response:

Excellent answer.

Now, if our writer can only get her mother "off the dime". . .

IAAL

 

[sete80]

Are you sure that is the case in WI? I know my mother looked into it years ago and said that I had to do it. It certainly makes sense that the award would have been to the custodial parent rather than the child but she seemed pretty certain about it at the time.

 

[Happy Trails]

Are you sure that is the case in WI? I know my mother looked into it years ago and said that I had to do it. It certainly makes sense that the award would have been to the custodial parent rather than the child but she seemed pretty certain about it at the time.

As stated earlier, if your mother had a jugdement of child support, than it is her who has to pursue the money.

Child support is for the parent who is supporting the child. She is mistaken if she believes it is you who has to pursue what the court may have ordered your dad to pay to her.