Help with child support question.

April 28, 2006 4:37 PM

A friend of mine has some questions about child support possibly owed to him.

My friend's father was supposed to pay child support for him from 1992 to 2008?. He isn't sure how much per month and doesn't know if his father would be able to pay. (he works at a low income job)

He has two question relating to this:
1. How would he figure out how much money he's owed?
2. How could he collect this money, considering his dad has a low paying job as well a new family?

Furthermore is he correct in assuming it's owed to him? (he's 18)

posted by matkline to Law & Government (5 answers total)

Child support is not owed to the child, it's owed to the custodial parent for care and maintenance expenses. If there is an arrearage, then your friend's mother could attempt to collect it, but your friend has no standing to collect personally. (This could vary from state to state; it is true in Indiana.)
posted by headspace at 4:53 PM on April 28, 2006

I don't think he's correct in thinking the money is owed to him -- child support is set up between parents for expenses related to the care of the child. So unless your friend paid for his own clothing, food, medical/dental insurance, education, rent, etc. since 1992, then the money isn't his; it's his mom's. And if she says that his dad owes back child support, then it's up to her to go to court to get it enforced.

(IANAL, but I have a friend going through a divorce getting child support set up with her soon-to-be-ex-husband.)
posted by scody at 4:53 PM on April 28, 2006

Ditto what scody and headspace have said for Minnesota.
posted by Yeomans at 8:31 PM on April 28, 2006

Yeah you don't get to keep the money yourself.
posted by delmoi at 2:34 AM on April 29, 2006

If he's trying to get this money to help with college, then he should convince his mom to go back to court and get a specific judgment against his dad. This things are very LOCAL issues, which means everything varies by state. It's possible to start garnishing his dad's wages, if he's working a legitimate job.

If he's just looking for a handout, he should move on.
posted by MrZero at 9:10 AM on April 29, 2006 [1 favorite]