The child has rights too!

[Redsky]

What is the name of your state? Texas.
I would like to say that according to what I have read about Texas law that:
1. There is no statute of limitation on collection of back child support.
2. A child that has reached the age of majority may pursue the collection of
the support with the same rights as the parent that had custody.
Several of the threads I have read here say that the child isn't entitled to the back child support payments and I suggest that if you are in this situation that you check the laws in your particular state.

 

[ceara19]

I don't know where you got this information from, but # 2 is incorrect. If you would like to point me in the direction of WHERE to find the "law" that allows a child, even after they become an adult, to sue for child support arrears, I'd be more then happy to take a look at it. But I can tell you now, that is NOT the law in TEXAS or any other state that I know of. If a parent fails to pay their support, the other PARENT is entitled to go after that money, since they were the one that was fincially responsible for the child. The child was not out monetarily when the parent failed to pay the support.

 

[stealth2]

Read his other post. He's a 60yo dude whose 84yo father refuses to acknowledge him and he's pissed.

 

[Litigation!]

Read his other post. He's a 60yo dude whose 84yo father refuses to acknowledge him and he's pissed.

Redsky
Junior Member Join Date: Feb 2006
Posts: 2

Who deserves what?

--------------------------------------------------------------------------------

What is the name of your state? Texas
My parents divorced when I was eight years old. My father was given custody and I was to be maintained in my grandparent's home. He was to pay $40.00 a month per a court order to them for my support. I am his only child and he has since remarried (1957). He never paid any support at all and his parents, my grandparents are dead. He is 84 years old and will not have any sort of relationship with me because he doesn't want anyone to know that he has a son (me), because he has been lying to his friends all these years. Would it be possible for me file a claim against his estate when he dies? Including interest it would be a considerable sum approx. ($300,000). I don't think there is a statute of limitation in Texas, where he lives and where I grew up. I am 60 years old, and my father has recently threatened to remove me from his living trust if I interfere with his life in any way. All I ever wanted was a relationship with him. I have never been able to trust him, but I never wanted to give up on him. I feel like he is putting me off again and he says that he doesn't care what people think after he is dead. Am I just wasting my time?......Thank you for your comments. I agree, you are all correct! I'm just hurt because my fathers ego and friends are more important to him than having a relationship with his only son, daughter in-law and granddaughter who is carrying his great grandchild.

My response:

Oh, Dude. You don't have a legal problem . . . you have a psychological problem. You're beyond help.

IAAL

 

[AHA]

What is the name of your state? Texas.
I would like to say that according to what I have read about Texas law that:
1. There is no statute of limitation on collection of back child support.
2. A child that has reached the age of majority may pursue the collection of
the support with the same rights as the parent that had custody.
Several of the threads I have read here say that the child isn't entitled to the back child support payments and I suggest that if you are in this situation that you check the laws in your particular state.

If daddy hasn't shown interest in you in 60 years, let it go man!! Your grandparents were the ones entitled to take him to court for nonpayment of cs, but they chose not to, and since they are no longer alive, they are not suffering the loss of $40/month.
You say how awful it is that your dad is prioritizing his friends and wife above his son, but seems like you are putting a hell of a lot of energy towards an old fart who you don't even know and who doesn't want anything to do with you, instead of living your life and focussing on YOUR family.
He's made it clear he does not want you in his life, don't you think you, your wife, your daughter and your grandchild are better off without a cold like that????
You are 60 years old and apparently managed to create a life and family for yourself without the influence and help from your dad, so accept the fact that you pretty much don't have a father. Having no father is better than having a totally one.

 

[Litigation!]

Having no father is better than having a totally one.

My response:

Yeah, but look at all that money! Who gives a crap about Daddy when there's all that money!


IAAL

 

[momofrose]

YOU get NO MONEY!!!! CHild Support is to Support the Child - it goes to the custodian of the child NOT the child - grow upo and get on with your life!

D

 

[Redsky]

Read this:

After a child has been raised, is the parent who raised them able to sue for back child support?
This depends on the law in the state where the parents live. In some states, the parent who was to receive child support can collect support owed even after the children are adults. The parent who was supposed to pay child support cannot claim that the child support is too old to be collected, or that the other parent should have tried to collect sooner, except to the extent collection is barred by the statute of limitations.

Parent & child -- right to pursue child-support arrearages belongs either to custodialparent or to child, whether of majority or not -- case law in support. -- The strongest support for the proposition that the right to pursue child-support arrearages belongs either to a custodial parent or to the child, whether of majority or not, is Darr v. Bankston, 327 Ark. 723, 940 S.W.2d 481 (1997), which indicates that the right to the payments equally belongs to the "custodial parent," the parent who had custody of the children when the support was ordered; based on Darr, "custodial parent" as listed in the statute necessarily must be a designation of the parent who maintains the right to collect ordered support rather than the parent in whose custody a minor child currently resides; entitlement to payment of child support installments vests in the custodial parent as they accrue, and that parent is entitled to judgment as a matter of right; the statute contemplates one support obligation that may be pursued by different persons at different times; case law indicate that once a child reaches majority, whoever files the collection action first is allowed the right and ability to collect.

I'm going out of town for about two weeks and will get the official Texas website that this information came from for you. I think there are people here that are deadbeat dads that don't want women and children to know the truth about their rights. In my case my father is now talking to me and that is a step in the right direction, considering how long it's been. My family and I will survive with or without his relationship, love or money as we have in the past. Thank you for your comments.

 

[AHA]

I think there are people here that are deadbeat dads that don't want women and children to know the truth about their rights.

Wrong, try again!!!!!!!

 

[Redsky]

Wrong, try again!!!!!!!

I may be wrong, but there seems to be a considerable amount of negativity here for some reason. It say's senior member under your screen name not Omnipercipiency.

 

[stealth2]

You're still wrong with your deadbeat dads statement, dude.

 

[Litigation!]

Redsky:

Psssst. Come over here. Listen carefully, because I know I'm going to rain on your parade and this will probably come as a big shock to you - - - but, the Statute of Limitations ran out years ago.

So, even IF you had a right (a Cause of Action) to go after him, you only had 4 years after you became 21 (in those days, the age of majority was 21).

In summary, it's over. It was over years ago.


IAAL

 

[nextwife]

Geez, Mister. Get over it.

My husband grew up never having a dad (his was shot and killed In Communist controlled Eastern Europe before his birth). Now at ALMOST 60, he's doing something PRODUCTIVE- we are raising our 8 year old daughter who was abandoned in an Eastern European orphanage by HER bioparents.

So instead of spending energy chasing phantoms of the past- make a difference for someone's FUTURE.

 

[AHA]

I may be wrong, but there seems to be a considerable amount of negativity here for some reason. It say's senior member under your screen name not Omnipercipiency.

You have been told what your legal rights are and how your situation looks, and if that makes you totally embarrassed then that's YOUR problem.
You didn't come here for legal advice, you came here to find someone FOR FREE to tell you what you want to hear and that won't happen. Now, your bitterness because of that, is a prime example of negativity.
Nice that daddy is finally talking to you after FORCING yourself on him. Congrats!!!

 

[nicetryadmin]

I may be wrong, but there seems to be a considerable amount of negativity here for some reason. It say's senior member under your screen name not Omnipercipiency.

So please tell us what it's like to get DUMBER over time?