SOL for back child support

[recentlyseeking]

Illinois

I have a friend who's 20 now who has never received any child support from her father. Her father was never sued initially for child support by her mother who ended up raising her alone. My friend now has a great deal of debt because of this that should've never happened had her father been supporting her.

Is my friend able to now sue her father for back child support (or at least the current debt she is in) even if he was never found legally liable to pay before she turned 18 or has the statute of limitations ran out because she is now 20 years old and they never went after her father to pay until now?

Any help will be greatly appreciated.

Thanks!

Pete M.

 

[mrsgaines654]

The child support is owed to your friends mother, not your friend. Either way, if the mom never attempted to collect child support, then she can't go back now and try to get it. It is too late.
I highly doubt that your friend is in debt because her father never paid CS. That is crazy. She is in debt because she spent more money than she could afford to pay back. No one's fault but her own.

 

[Shay-Pari'e]

No, your friend is not. Support is owed to the other parent in CS cases.

 

[nextwife]

Friend's debt is her own. Even if dad HAD been paying CS under a CO, mom is under no legal obligation to give a penny of the CS TO the child.

CS is NOT some type of annuity that one can leave uncollected and expect to pull out from somewhere, miraculously, as if it's sitting in some account, in young adulthood because the child now has their own household expenses. If there never was an order, it never was owed. And if there was an order, it was never owed TO THE CHILD.

Moms cannot refrain from filing for CS so that they have total control over the parenting of the child, and never have an responsibility to share parenting, yet have the financial benefit of having filed. If they didn't want dad to potentially be involved, they don't get to show up AFTER it's too late for dad to share parenting and say they want dad to be dad retroactively- but only the financial aspect, not having any other part of being dad.

It's entirely possible, if dad was never legally established via DNA testing, that the man is not even the biodad.

 

[MrsK]

Saying that your friend is in debt because her father did not pay support is ridiculous and untrue. She cant get the money anyway. Tell your friend to get a job and pay her bills.

 

[ceara19]

Saying that your friend is in debt because her father did not pay support is ridiculous and untrue. She cant get the money anyway. Tell your friend to get a job and pay her bills.

That's right up there with the thread earlier this week about suing dad because they were "embarrassed" as a child because child support wasn't paid!

 

[MrsK]

That's right up there with the thread earlier this week about suing dad because they were "embarrassed" as a child because child support wasn't paid!

Yeah that really had to be one of my favorites.

 

[ceara19]

Yeah that really had to be one of my favorites.

With IAAL gone, there's no one to compile the dumba$$ post list this year.