Adult to sue for child support?

[dre38w]

What is the name of your state? FL

Hello. I'm 31 years old and my brother is 28. My father owes over $30,000 in child support. Correct me if I'm wrong, but isn't 10k or more owed in child support considered a felony and a felony has no statute of limitations in the state of Kentucky? The ruling was made in the early to mid 90s and was done in a Kentucky court. I reside in Florida. My mother brought his contempt to the courts several times and each time he didn't comply until she finally gave up. What I'm wondering is do I have any right to sue him for that money? Is it owed to my mother and not my brother and myself? Or is it just a fruitless effort?

Thank you.

 

[TheGeekess]

No, you cannot sue for the child support that your father owes to your mother.

 

[dre38w]

I was looking into Arrears. Does that not apply in this case?

 

[PayrollHRGuy]

The money isn't owed to you. It is owed to your mother. You can't sue for what you have no right to.

 

[dre38w]

Then a better question is, now that her 2 sons are adults, does she have the right to sue? And as her representative, can I sue on her behalf?

I want to be clear: My mother is getting old and government assistance programs for the elderly are piss poor. This financial assistance was rightfully owed to my mother and I'm trying to help her get what she was illegally denied.

 

[stealth2]

I was looking into Arrears. Does that not apply in this case?

The arrears are owed to Mom.

 

[PayrollHRGuy]

Then a better question is, now that her 2 sons are adults, does she have the right to sue? And as her representative, can I sue on her behalf?

I want to be clear: My mother is getting old and government assistance programs for the elderly are piss poor. This financial assistance was rightfully owed to my mother and I'm trying to help her get what she was illegally denied.

You can drive her to talk to a lawyer.

 

[dre38w]

You can drive her to talk to a lawyer.

Why respond to this thread at all if you're just going to tell me to ask someone else? Thank you anyway.

 

[paddywakk]

If you're not an attorney, you can't sue on her behalf. SHE needs to see a lawyer, if she wants to pursue arrears

 

[Zigner]

Then a better question is, now that her 2 sons are adults, does she have the right to sue? And as her representative, can I sue on her behalf?

Since you don't want to take mom to talk to an attorney about the matter, then your best bet would be to study up on the law and pass the bar exam for the state of Kentucky. THEN you can represent mom before the court in Kentucky.

 

[PayrollHRGuy]

Why respond to this thread at all if you're just going to tell me to ask someone else? Thank you anyway.

Since you are asking these questions the only thing I can assume is that you aren't a lawyer. So you can't sue for her. You also likely don't know everything you would need to know about the original child support order. The only way anyone is going to get sued for $30K is for your mother to talk to a lawyer.

BTW... You were given the correct answer by two of us. You changed the basis of your story after you got answers you didn't like.

 

[stealth2]

I'm trying to help her get what she was illegally denied.

Well, no, she was not denied anything illegally. You posted:

My mother brought his contempt to the courts several times and each time he didn't comply until she finally gave up.

That's on her.

 

[ajkroy]

OP, does your father have $30K?

 

[Taxing Matters]

What is the name of your state? FL

Hello. I'm 31 years old and my brother is 28. My father owes over $30,000 in child support. Correct me if I'm wrong, but isn't 10k or more owed in child support considered a felony and a felony has no statute of limitations in the state of Kentucky?

You are not quite correct. In Kentucky, most nonsupport cases are misdemeanors. However, "flagrant nonsupport" is a class D felony. Flagrant nonsupport is:

A person is guilty of flagrant nonsupport when he persistently fails to provide support which he can reasonably provide and which he knows he has a duty to provide by virtue of a court or administrative order to a minor or to a child adjudged mentally disabled, indigent spouse or indigent parent and the failure results in:​

(a) An arrearage of not less than one thousand dollars ($1,000); or​

(b) Six (6) consecutive months without payment of support; or​

(c) The dependent having been placed in destitute circumstances. For the purposes of this paragraph, it shall be prima facie evidence that a dependent has been placed in destitute circumstances if the dependent is a recipient of public assistance as defined in KRS 205.010.​

Ky. Rev. Stat. Ann. § 530.050.

There is no statute of limitations for prosecution of any felony in Kentucky. So your mother could complain to the local prosecutor and see if the prosecutor is willing to file charges now for nonsupport. But that has nothing to do with her ability to civilly pursue the arrears she is owed. The order or judgment that she has does have a limitation on how it is good for. If she is interested in pursuing the arrears now she should take the order or judgment she has to a lawyer and ask whether it is too late to go after it now. If you have a power of attorney from your mother allowing you to hire an attorney for her, then you could do that if you wish.

But you cannot yourself sue on your mother's behalf. Nor can you sue for support yourself since the money is owed to your mother, not you.