Can I sue my mom for never paying child support?

Asked by: Heloise Jones  |  Last update: June 2, 2025
Score: 4.2/5 (36 votes)

This gives the lienholder a security interest in that property, meaning that they are entitled to the proceeds from the sale of the property. Generally speaking, an adult child cannot file a lawsuit against their parent for unpaid child support.

Can you sue a parent for never paying child support?

No, as a child you cannot file a lawsuit against a parent for unpaid child support. This was not payable to you and thus you have no legal standing to bring a lawsuit for yourself.

What is the minimum child support in Hawaii?

The Guidelines set a minimum child support amount of $91.00 per child per month.

Can parents be sued for child support?

No. Only the custodial parent can sue for back support. It's done through the child support bureau in your state. If there was no court order, then no child support is owed. However, if the support was ordered, and it was not paid, then the custodial parent can contact the CS agency and ask for payment to be collected.

What to do if someone won't pay child support?

What to Do When Your Ex Won't Pay Child Support in California
  1. Contact the Child Support Agency. The first step is to contact the local child support agency in your county. ...
  2. File a Motion for Contempt. ...
  3. Seek Wage Garnishment. ...
  4. Consider a Child Support Lien. ...
  5. Hire a Family Law Attorney.

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44 related questions found

Can you file a lawsuit against child support?

Child support arrears are a debt. You would be able to file a lawsuit to recover the debt. If you win, you will get a judgment. That doesn't mean you will get paid, however.

How to beat contempt of court for child support?

Below, our child support attorney identifies three ways you can fight back against a contempt charge.
  1. Pay Your Child Support Arrears. A straightforward strategy is to catch up on child support. ...
  2. Argue Your Violation Was Unintentional. ...
  3. Request a Modification of Child Support. ...
  4. Let Us Help.

Can you file a lawsuit against a parent?

Adult survivors of child abuse inflicted on them by a parent, foster parent, or legal guardian have the legal right to file a civil lawsuit for damages, but these cases rarely move forward because most personal injury settlements and judgements are paid by an insurance company and parents don't keep insurance policies ...

Does the state pay child support if the father doesn't?

To qualify to receive the other parent's tax refund for back child support, you need to make sure that you are enrolled in a tax intercept program, which you can do by contacting your local child support office or family law attorney While the state does not pay child support if the father doesn't, if you or your child ...

How to win a child support modification case?

Work with your lawyer to persuade the court how the change will benefit the child: Prepare to demonstrate to the judge how your proposed modification to child support benefits your child. Usually, a change on its own won't suffice to justify a modification in child support.

Can you go to jail for not paying child support in Hawaii?

Your co-parent (or the CSEA) may file a motion in the Hawaii courts to have you found in contempt of court for willful violation of the support order. If you're found guilty, you'll have to pay a fine or serve time in jail (or both).

Can you have 10 kids and not pay child support?

"Nowhere in the world would you get a pass on child support if it is proven to be your child. You have a legal obligation no matter where you are, no matter how many children you have," she adds. "Your child is entitled to be supported.”

At what age does child support stop in Hawaii?

What Age Does Child Support Stop In Hawaii? In Hawaii, the paying parent is required to support his or her children until the age of 18. However, the age limit may be extended to 23 if the child is enrolled full-time in an accredited college/university or in a vocational/trade school.

Can I sue my ex for unpaid child support?

The laws on suing for back child support differ from state to state. Some states have a statute of limitations on enforcing a court order. In California, a parent or child has 10 years to launch a lawsuit. 10 years past the child's 19th birthday, if the child was in high school past their 18th.

Can I sue an absent parent?

A judge may consider such a request, but will most likely only grant the petition when there are dire circumstances. These include violent behavior or being able to demonstrate that a parent has clearly abandoned their child based on the length of time that they have not visited or had contact with their child.

Does a man have to pay child support if he doesn't work?

The courts are less lenient if a parent is voluntarily underemployed or unemployed. A parent can't avoid child support payments simply because they would prefer not to work. Lastly, if a spouse was a stay-at-home parent during the marriage, the court typically imputes income of at least minimum wage to them.

Can child support take your vehicle?

A child support judgement can take your car to satisfy it. Remember again, child support comes first.

Can you get custody if you owe back child support?

In theory, child support and child custody are two separate issues which are not connected. To give you a short answer to your question straight away, your request to modify child custody to obtain full custody cannot be denied based solely on the fact that you owe child support.

Can I sue my mom for emotional distress?

Only direct victims can claim emotional distress.” California law allows you to file for emotional distress even if you are not a direct victim. For example, a close family member who witnesses a traumatic event may be eligible to file an emotional distress claim.

Can a child sue a parent for child support?

As a minor, there is little a child can do in this situation. That said, when they become an adult, they can sue the other parent for child support. They often have legal grounds to do so if their custodial parent is struggling financially as a result of unpaid child support.

Can your parents take your phone if you bought it?

So legally speaking, no. Even for minors, the law on personal property applies the same as it does to adults. This means that if you paid for your own phone and you are paying for it from your job, your parents have no right to take it from you at all. Technically, you could sue them for that.

What happens when someone doesn't pay child support?

Interest rates and penalty calculations vary among states, but in California, if you fall behind on child support payments by more than 30 days, you can incur a penalty of 6 percent of the amount owed for each month it remains unpaid, up to a staggering 72 percent of the total amount due.

Can you lose custody for contempt?

In extreme cases, repeated contempt of court can lead to the loss of custody rights. Suppose a parent continually violates court orders and is unwilling to comply with the court's authority. In that case, the judge may award sole custody to the other parent to protect the child's best interests.

How do I fight a child support order?

Grounds for Appeal of Child Support Order
  1. Legal Error in a Child Support Appeal. ...
  2. Change in Circumstances. ...
  3. Fraud or Misrepresentation. ...
  4. Inadequate or Unjust Result. ...
  5. Filing a Notice of Appeal. ...
  6. Gathering Evidence and Building Your Case. ...
  7. Preparing Legal Briefs. ...
  8. Hiring an Experienced Family Law Attorney.

What is a Judgement against you for child support?

First, the other parent may go to court and ask a judge to issue a judgment for the amount of the arrears. This is called a judgment for child support. Once the parent has a judgment, a whole host of collection methods become available. (To learn about ways to enforce judgments, see our Creditor Lawsuits area.)