I just turned 26 and My dad hasn't paid child support/been in my life since I was 13. He claims that since he "still" had custody of me that he didn't have to pay it. EVEN though I was living in a different state with my mother until the time I was 18. He paid nothing and gave my mother no help I know that in mass the law is that a parent has to pay at least until they are 23 while they are in school which I was and from that time mean while when I stayed with him off an on I get bullied by him and he just keeps threatening me. I've become a nercous wreck depressed angry all do to his badgering every day.
I am sorry that you have suffered in this way, but I don't think you have legal grounds to sue your father. Child support payments, if due at all, would have been owed to your mother or your guardian. I don't know of any precedent for suing a parent for defamation or emotional distress under these circumstances. But, if your father continues to threaten you in certain ways, that could be a criminal offense and you certainly could file a complaint for a restraining order. You can consult a family law attorney for more information. Good luck!
Like my colleague, I am sorry that you are going through this. As my colleague mentioned, any action here for past due child support needs to be brought by your mother and not you. If there is an order/judgment that requires your father to pay child support, then your father has no defense for not paying child support. If your father had a child support obligation, then your mother should immediately file a contempt action against your father for not complying with order and should seek all past due child support amounts. At this point, the court will not find any arguments by your father that he could not afford to pay child support convincing as he should have sought a modification of his support obligations at an earlier time to reduce his support obligation to an amount consistent with his reduced financial ability. These child support enforcement measures should be filed in the state where the child support order was originally created and your mother should consult an attorney in that state.
If you have been physically abused in the past and have reason to believe that your father's threats may lead to further physical abuse, then I would consider filing a restraining order in the state that you live in. If it is Massachusetts, you should speak to a Massachusetts family law attorney regarding filing a 209a restraining order.
Lastly, if your defamation of character and emotional distress are related by your father's lack of paying child support, your actions will likely be dismissed as the court has other remedies to enforce its judgment. As you do not state in your question any information that would support a defamation of character or emotional distress action, these actions would need to be supported by other facts. If you think that these facts exist, then you should speak to a lawyer who handles such actions (torts).
That is nonsense
Unless he is a guardian, you have custody of yourself, and if he is
threatening you with physical harm, get a restraining order.
DO NOT PUT UP WITH TH IS.
As to back child support, that is an issue for your mother which she
needs to consult an attorney.
henry lebensbaum, esq.
300 Brickstone Square, Ste 201
Andover, ma 01810
I usually check email every few hours during the day.
(by appointment only)
PLEASE NOTE that:
(1) e-mail communication is not a secure communication method; (2)
any e-mail sent to you or by you may be copied and held by various
computers as it goes from sender to recipient; (3) emails may be
intercept by persons improperly accessing your computer or my
computer or even some computer unconnected to either of us through
which the e-mail passes. I am e-mailing because you have agreed.
If you change your mind and want future communication to be sent in
a different mode, please advise me at once.
The information contained in this e-mail message is intended only
for the personal and confidential use of the recipient(s) named
above. This message may be an attorney-client communication and/or
work product and as such is privileged and confidential. If the
reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are
hereby notified that you have received this e-mail in error. Any
review, dissemination distribution, or copying of this message is
strictly prohibited. If you have received this e-mail in error,
please notify us immediately by e-mail and delete the original
I am sorry for this obviously difficult situation. First, is there even a child support order? While your question is ambiguous, I am under the impression that there never, in fact, was a child support order. Second, even if there was an order, the money would have been owed to your mother, who has sadly passed away. As a former child support attorney for the Commonwealth, I know of know precedent or case where a child has successfully gone after a parent for child support.
Child support is not intended to be paid to the child; rather, it is intended to "support" the custodial parent with the expenses of raising said child.
I wish you luck.
Get free answers from experienced attorneys.
28,179 answers this week
2,937 attorneys answering
Get answers from top-rated lawyers.
28,179 answers this week
2,937 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary