Can I still receive back child support after child turns 18?

[knightngalez]

Thanks to everyone that has posted and given me advices. My posts was just an informational for me and my son. It's up to him whether he wants to pursue it any further. And no, he does not know where his father is at this moment, but his father's relatives and ex tried to contact him thru "my space" wanted to get to know him for the sake of his "other" siblings" which he doesn't care to get to know. Although to some that this sounds "fishy", believe it or not, I still don't care for any monetary resolutions from him. Its really sucks that his father's family still tries to think everything is okay after 12 years. But regardless of everything, I am proud to say that he's grown to be a man that his father wasn't. Really impressed with how many people still tries to help others, even thru the web....thanks...

 

[knightngalez]

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.

Just a reply to your post, is it a big deal to ask for advice? This is not a personal agenda against him by the way, I bet that there is a lot of people out there in the same boat as I am that would like some kind of answers to what they can and cannot do, regardless of time lapse. Military life really didn't give you a whole lot of time chasing down idiots ( I thought that was CSD job) but hey, staying strong and alive for the family was more important at the time. We have moved on, retirement is great in NC at 38!!!

 

[knightngalez]

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.

A reply to your post, is it a big deal to ask for advice? This is not a personal agenda against him by the way, I bet that there is a lot of people out there in the same boat as I am that would like some kind of answers to what they can and cannot do, regardless of time lapse. Military life really didn't give you a whole lot of time chasing down idiots ( I thought that was CSD's job) but hey, staying strong and alive for the family was more important at the time. We have moved on, retirement is great in NC at 38!!!

 

[knightngalez]

was the child support order still in effect? how far in arrears is he?

Last that I know of. I believe he is about 8 years behind. I'm not familiar with all this CSD stuffs and never really sat down and figured it out...yes...I know...I've heard it already

 

[TinkerBelleLuvr]

Almost all the states have a statutes of limitation - some never let the arrearage die

North Carolina
10 years from the date each installment becomes due
N.C. Gen. Stat. § 1-47; see also State ex rel. George v. Bray, 503 S.E.2d 686 (N.C. Ct. App. 1998)

If he hasn't paid since your son was 8, then some of it will be going away.

 

[knightngalez]

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?

Bare with me since I have no idea how all this works. All I care at the time was that we were young and getting a divorce. We didn't have an attorney at any time during all of this. We met with the mediator, then faced the judge in his office, he made a decision about the 50/50 custody and child support. Then I just let it take its course. Then when support stopped due to job loss or quitting (friends at the time confirmed that he wasn't working anymore), I just thought that CSD were going to let me know when and what the next step is and would pick back up when he got another job and thats the end of it. We had very little contact with him. Then he ended up moving to AZ, then last we heard he was in NV then ?

 

[Suzz]

Bare with me since I have no idea how all this works. All I care at the time was that we were young and getting a divorce. We didn't have an attorney at any time during all of this. We met with the mediator, then faced the judge in his office, he made a decision about the 50/50 custody and child support. Then I just let it take its course. Then when support stopped due to job loss or quitting (friends at the time confirmed that he wasn't working anymore), I just thought that CSD were going to let me know when and what the next step is and would pick back up when he got another job and thats the end of it. We had very little contact with him. Then he ended up moving to AZ, then last we heard he was in NV then ?

If you didn't go through the Department of Social Services Child Support Division
(DSS IV-D) to enforce your CS, then it was and is pretty much up to you to notify the courts if he wasn't paying. There is a 10 year statute of limitations from time of each due installment, as stated by another poster (sorry, can't remember who it was) so you are going to be running close on some of the earlier payments.

It is YOU and not your son who has to pursue this. DSS might be able to open an arrears case only at this point, but what you also need to do is contact the county where your case was originally done and request a statement of arrearage or accounting or arrearage (counties love to invent their own terminology), and also request when a "locate" was last done on him. This is supposed to be done even when CS is awarded through the courts without DSS IV-D being involved, but unfortunately, it doesn't always happen.

If you do decide to pursue this, any info on your ex will be helpful ... DOB, SSN, last known address. You also need to do whatever you can to get a current address for him, even if that means your son allowing his father's family to contact him. He may be able to get information from them that you can't.

Good Luck

 

[peppier]

I know in NM my DIL's father refused to pay child support and when the children were grown the mother had enough money to pay a lawyer and he has to pay her the full amount.

With interest, he'll be paying until he dies.

 

[TinkerBelleLuvr]

She needs to start now, because the statutes of limitation is ticking. Even if MOM doesn't want/need money, she certainly could gift it - or help use it for a college education for son.

 

[steveinmass22]

>>>>And no, he does not know where his father is at this moment, but his father's relatives and ex tried to contact him thru "my space" wanted to get to know him for the sake of his "other" siblings" which he doesn't care to get to know. <<<<<

Sounds to me like you're giving up on the situation and that's sad. I believe you should show some compassion for the father and the father's family after all, making a human being is not a one way street. As a matter of fact, the woman actually controls everything so, I'm assuming you had a strong, bonding relationship before you decided to get pregnant?

 

[Accountable]

>>>>And no, he does not know where his father is at this moment, but his father's relatives and ex tried to contact him thru "my space" wanted to get to know him for the sake of his "other" siblings" which he doesn't care to get to know. <<<<<

Sounds to me like you're giving up on the situation and that's sad. I believe you should show some compassion for the father and the father's family after all, making a human being is not a one way street. As a matter of fact, the woman actually controls everything so, I'm assuming you had a strong, bonding relationship before you decided to get pregnant?

What are you going on about? What does your comment have to do with the poster's question?

 

[fairisfair]

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.

no offense but what the hell???

if only the NCP had PAID years ago, there wouldn't be this problem

Granted CP should have done more to enforce, but who owed the support anyway????

 

[fairisfair]

>>>>And no, he does not know where his father is at this moment, but his father's relatives and ex tried to contact him thru "my space" wanted to get to know him for the sake of his "other" siblings" which he doesn't care to get to know. <<<<<

Sounds to me like you're giving up on the situation and that's sad. I believe you should show some compassion for the father and the father's family after all, making a human being is not a one way street. As a matter of fact, the woman actually controls everything so, I'm assuming you had a strong, bonding relationship before you decided to get pregnant?

could you just SHUT UP???

 

[fairisfair]

Bare with me since I have no idea how all this works. All I care at the time was that we were young and getting a divorce. We didn't have an attorney at any time during all of this. We met with the mediator, then faced the judge in his office, he made a decision about the 50/50 custody and child support. Then I just let it take its course. Then when support stopped due to job loss or quitting (friends at the time confirmed that he wasn't working anymore), I just thought that CSD were going to let me know when and what the next step is and would pick back up when he got another job and thats the end of it. We had very little contact with him. Then he ended up moving to AZ, then last we heard he was in NV then ?

So, contact the CSE office who last handled your case, and ask them how to proceed. The other information you received is correct. you are going to be at the bottom of their ist of priorities.

 

[fairisfair]

North Caroline Statute of Limitations on the collection of past due child support is 10 years. I doubt laches would apply to anything inside of that parameter.