back shild support issues

[ccontreras]

What is the name of your state (only U.S. law)? Arizona
My mother is trying to collect back child support from my father, but all three children are over 21 and two of the three children have not lived with her since they were 14 years old. Can she legally claim back child support for times when the children did not live with her nor did she financially support them in the homes they lived in? Also, what rights do we as the children have to the back child support now that we are of age and were not supported by her when she was receiving the child support payments?

 

[Antigone*]

What is the name of your state (only U.S. law)? Arizona
My mother is trying to collect back child support from my father, but all three children are over 21 and two of the three children have not lived with her since they were 14 years old. Can she legally claim back child support for times when the children did not live with her nor did she financially support them in the homes they lived in? Also, what rights do we as the children have to the back child support now that we are of age and were not supported by her when she was receiving the child support payments?

Let's address your first question ~ Was support ordered by the court when the children were minors?

Your second question is easy. As children you have no rights to any current or back child support whatsoever. The money never belongs to the children ~ it belongs to the parent or caregiver of the children.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Arizona
My mother is trying to collect back child support from my father, but all three children are over 21 and two of the three children have not lived with her since they were 14 years old. Can she legally claim back child support for times when the children did not live with her nor did she financially support them in the homes they lived in? Also, what rights do we as the children have to the back child support now that we are of age and were not supported by her when she was receiving the child support payments?

How old is the youngest child?

Has your mother already gotten a judgement for the arrears?

In AZ a request for judgement must be filed within 3 years of the youngest child's emancipation.

If the CS was never modified when the children stopped living with her, then yes, dad does owe the arrears.

 

[ccontreras]

the child support was ordered when we were minors and we my youngest sister is now 23. My father was not in contact with us growing up ans was never informed we were not living with my mother.

 

[Radia]

The father may have a case to get the monies he paid, back or forgiven if he can prove that you and your siblings didnt live with nor were supported by your mother.

As far as arrears goes, I was told that arrears is the custodial parents money. It is basically repayment for money that was spent by the custodial parent for support when none was given. It does not have to be used for the children (obviously because you are not minors) nor given to the children.

Unless he can prove that you weren't supported by her, he owes her that money.

 

[happybug]

Either way, this issue is between your parents and not something the children ( even adult children ) need to be involved in.