Can back child support be collected if the child is over 18?

Asked 6 months ago - Stone Mountain, GA

There has only been one check received and that was when the child in question was 6 years old.

Attorney answers (5)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you are the recipient of support under a court order, that order can be enforced.

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  2. Howard M Lewis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It depends on whether or not the child emancipated. I suggest you contact a local family law attorney to discuss your options. Best of luck to you.

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  3. Kedra M. Gotel

    Contributor Level 7

    2

    Lawyers agree

    Answered . Child support can always be enforced and collected so long as there was an order in place prior to the child reaching the age of 18 years of age. If you have never filed a contempt action (asserting a violation of the order has occurred) or a modification of the obligation (seeking more money for child support), you may not know the whereabouts of the other parent. If on the other hand you do know the other parent's address and have never sought the assistance of the court or child support enforcement agency perhaps you already know that the parent is insolvent and collecting will be quite difficult. Whatever the circumstances may be you absolutely have the legal right to seek back child support or arrears. I encourage you to seek the assistance of a competent attorney familiar with this area of the law.

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  4. Estela Matta

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Child support arrears accrued under a child support order are not forgiven. The debt persist until it is paid off. Further you should note that until a parent moves the court to terminate the obligation (even if the child is over 18) the obligation continues. You don't get "off the hook" for nonpayment simply b/c the child turns age 18.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more
  5. Richard G. Farnsworth

    Contributor Level 6

    Answered . So, first, was there ever a child support order (legal document signed by a JUDGE)? Either as part of a divorce, a legitimation case, or in a child abandonment action? Without an order, it will be very difficult. But you wrote the phrase "back child support," which sounds like there was an order. If so, you get to the second question: Do you know where the other parent lives or works? Even better, do you know his or her social security number? I would then consult Child Support Enforcement, which charges only limited expenses, especially if the other parent is out of state. There is a procedure whereby the CSE office here can get the equivalent office in the other state to bring the other parent to court to answer. You can find GA Child Support Enforcement on the internet, but make sure it is Georgia's.

    The suggestions in my response above are based only on the limited information contained in your question. There... more

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