My 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?
Family Law Attorney
Was there a court order? Is there a reason your mother never filed a violation? If there was an ord take it to an attor ey to review.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
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 Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Divorce / Separation Lawyer
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.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.