Home > Research Legal Advice > Child Support > I am now 22 years of age and would like to know if there is child suppor...
Asked 9 months ago - Browns Mills, NJ
FlagMy dad was supposed to pay child support to my mother and never did. He was incarcirated at some point but it was not for the unpaid child support. I am now 22 years of age and would like to know if that child support that was supposed to paid still owed to me and how can i collect it?
Absent your mother having passed away this is really in inquiry she should be making. While the child support was to be paid on your behalf, it was due and payable to your parenting of primary residence. The starting place would be to confirm that an Order setting a child support obligation was entered; whether the support was payable thru Probation; and if payable thru Probation what the records of Probation show.
The enforcement application, if one is to be made, should be made by your mother, unless she is no longer available to pursue such matters.
Kenneth A. White, Esq.
Shane and White, LLC
The support was actually payable to your mom - the law assumes that she provided the things for you that CS is supposed to cover. That said, I have seen a mom assign her right to collect the support and let the "child" go after it, but that's more complicated than it needs to be. Simplest way is just to have you mom file a motion to enforce it and have him pay it to you (or perhaps settle the entire arrears if a lump sum for 75% [etc] is made within XX days).
Of course, before taking any action .... I'd want to be sure that he has the ability to pay it or you're wasting your time.
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