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  1. #1
    knightngalez is offline Junior Member
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    Can I still receive back child support after child turns 18?

    What is the name of your state? NC. Court ordered 50/50 joint custody back in 1995 with child support going to me. Father paid child support for about 3 years after then lost his job and child support stopped. In those 3 years, he's only seen his child a total of about 6 mos. My child has been with me ever since and I did not pursue any child support (the less I had to deal with him, the better). Child is now 18 and was wondering if I still can get him from all those years and how? Any light on this matter would be very helpful...
  2. #2
    Zephyr is offline Senior Member
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    was the child support order still in effect? how far in arrears is he?
  3. #3
    Gracie3787 is offline Senior Member
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    Posts like this irritate the heck outta me. Why would anyone refuse to attaempt to collect CS while thier child is young because it's too much trouble, then *suddenly* decide that it's not trouble anymore- once the child is an adult. Why do some CP's think that CS is like a nice little nest egg, that they can collect lots more, 'cause of interest, once the child is grown? Sorry, woke up from a nap and just had to post my pet peeve.

    To the OP: IF the CS order was never modified, unfortunately, the answer is yes, you can file to enforce the order.
  4. #4
    knightngalez is offline Junior Member
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    I'm sorry if I offended someone by posting this. But the fact is that child support stopped when his father lost or quit his job and for some reason stayed out of the radar for so long undetected (maybe under the table jobs). His support wasn't much, it wasn't like I couldn't afford to raise him. The money is not an issue to me, but my son wanted to know how he can get those missed support. He's behind about 8 years and nothing was modified on the court order. I'm just asking on his behalf and some decent advice, not to be put on the spot for not doing something about it before...
  5. #5
    knightngalez is offline Junior Member
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    And also if this helps, his father moved around starting from CA, AZ then NV. Don't know where he is now...
  6. #6
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by knightngalez View Post
    And also if this helps, his father moved around starting from CA, AZ then NV. Don't know where he is now...
    If you don't know where he is now, it's going to be very difficult to actually collect anything. The sad thing is that alot of CP's who won't try to enforce while a child is young, and when they know where the NCP is, don't realize that after a child is grown, the state CSE agencies place that case way at the bottom of the list and will not make any attempt to enforce unless they know EXACTLY where the NCP is and works.

    Are you saying that the court issued an order at one point, that stopped the CS?
    Even if you can locate ex. you're going to have to answer to the copurt as to why you didn't try to collect alot sooner. It's just a bad situation all the way around, for your son.
  7. #7
    Suzz is offline Member
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    Quote Originally Posted by knightngalez View Post
    What is the name of your state? NC. Court ordered 50/50 joint custody back in 1995 with child support going to me. Father paid child support for about 3 years after then lost his job and child support stopped. In those 3 years, he's only seen his child a total of about 6 mos. My child has been with me ever since and I did not pursue any child support (the less I had to deal with him, the better). Child is now 18 and was wondering if I still can get him from all those years and how? Any light on this matter would be very helpful...

    Was your child support case taken to court using DSS or did you have an attorney?
    Around the time that the support stopped did you and your ex go to court?
    Last edited by Suzz; 10-09-2007 at 02:24 PM.
  8. #8
    steveinmass22 is offline Junior Member
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    Have you tried contacting the father? Because, if you pull anything on him after 8 years, he's liable to be very pissed off.
  9. #9
    nextwife is offline Senior Member
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    Also, I wonder if he could then use a Laches defense.
  10. #10
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    Also, I wonder if he could then use a Laches defense.
    I sure hope he gets a good lawyer. This type of situation is exactly what the defense of laches is all about.

    It's too bad for OP's son, if mom had only collected years ago, she could have put it into the bank for him, and the problem wouldn't exist now.
  11. #11
    TinkerBelleLuvr is offline Senior Member
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    but my son wanted to know how he can get those missed support.
    Money doesn't go to son - money goes to mom. Now, if mom wants to gift it, that's fine. Child support is to reimburse mom for the expenses of keeping a roof over the head, food, clothing, etc.
  12. #12
    Papaya is offline Junior Member
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    Quote Originally Posted by knightngalez View Post
    What is the name of your state? NC. Court ordered 50/50 joint custody back in 1995 with child support going to me. Father paid child support for about 3 years after then lost his job and child support stopped. In those 3 years, he's only seen his child a total of about 6 mos. My child has been with me ever since and I did not pursue any child support (the less I had to deal with him, the better). Child is now 18 and was wondering if I still can get him from all those years and how? Any light on this matter would be very helpful...
    Here is the site and contact for NC Child Support Enforcement..
    [url]https://nddhacts01.dhhs.state.nc.us/home.jsp[/url]

    I'm not in your state so I'm not 100% sure but you might be able to file for Child Support Enforcement since you have a cort order for child support. The agency will try to find him using the Federal Parent Locate Service and figure out how much he owes (including interests) as of this month. The Child Support Enforcement Agency might not be able to arrest him for non-payment anymore (because of child's age) but they can probably still garnish his pay checks, take income tax refund, freeze his bank account, seize his retirement (such as 401k), and garnish his social security checks/unemployment, put a lien on his property/assets.

    check with your local agency!
  13. #13
    nextwife is offline Senior Member
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    Quote Originally Posted by Papaya View Post
    Here is the site and contact for NC Child Support Enforcement..
    [url]https://nddhacts01.dhhs.state.nc.us/home.jsp[/url]

    I'm not in your state so I'm not 100% sure but you might be able to file for Child Support Enforcement since you have a cort order for child support. The agency will try to find him using the Federal Parent Locate Service and figure out how much he owes (including interests) as of this month. The Child Support Enforcement Agency might not be able to arrest him for non-payment anymore (because of child's age) but they can probably still garnish his pay checks
    Yes, if he is still alive (check the SS death index to be sure) and if he works for a paycheck.

    Quote Originally Posted by Papaya View Post
    take income tax refund
    If he gets a refund. One must OVERPAY withholding , and also not OWE tax to the IRS before a refund can occur.


    Quote Originally Posted by Papaya View Post
    freeze his bank account
    Again, if he has one. Or more.

    Quote Originally Posted by Papaya View Post
    seize his retirement (such as 401k)
    If he has one. Or more.

    Quote Originally Posted by Papaya View Post
    and garnish his social security checks/unemployment
    If he gets one. If he lives to retirement, he will eventually get SS retirement, if he's been paying into SS. If there are other children that he is then supposed to be supporting, the garnishment of SS retirement will be shared between the CPs.

    Quote Originally Posted by Papaya View Post
    put a lien on his property/assets.
    If he has property or assets. The problem with many RE holdings today is that some homes and cars are "upside down" as the debt to value ratios. I've seen way too many people use their HELOC loans to pay off credit cards, take trips etc., leaving no equity.

    Quote Originally Posted by Papaya View Post
    check with your local agency!
  14. #14
    steveinmass22 is offline Junior Member
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    This sounds "fishy".

    I get the feeling you KNOW where the father is but have decided not to contact him for reasons that favor your own personal situation and not your children's. Sounds to me like you should "get a life" instead of wasting time chasing the father who you really could care less about in the first place. And yes, the judge WILL put you on the spot regarding the lapse of time so stop trying to fool everyone, you're only fooling yourself.

    MOVE ON.
  15. #15
    Suzz is offline Member
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    Quote Originally Posted by steveinmass22 View Post
    This sounds "fishy".

    I get the feeling you KNOW where the father is but have decided not to contact him for reasons that favor your own personal situation and not your children's. Sounds to me like you should "get a life" instead of wasting time chasing the father who you really could care less about in the first place. And yes, the judge WILL put you on the spot regarding the lapse of time so stop trying to fool everyone, you're only fooling yourself.

    MOVE ON.
    Aren't you being a bit judgemental? Just because your ex has managed to hide your child from you, we don't have enough information to know if this was the case with OP,
    especially since it seems that the NCP was the one doing all the moving in her case.

    Granted, from her other postings it sounds as if she MAY be looking now because she has run into a money crunch, but it isn't ours to judge. We just don't have enough information to KNOW that.

    However, it all may be moot since she has not returned to answer any of the pertinant questions posed to her.

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