Can an adult child receive back-due child support?

UPDATED: Oct 2, 2010

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Can an adult child receive back-due child support?

My niece is 2. Her biological dad never gave her a dime since she was a baby when she lived in FL, and NC. She is with me now in NJ. Can she go after him for child care?

Asked on October 2, 2010 under Family Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In some cases it is possible for an adult to sue a non-paying parent for past due child support. However, there must be established paternity and a child support order in place before the child reaches the age specified in the laws of the state where the child was born. If that is the case, then she should call child protection services and get information on how she can collect. 

Note:  If her mother paid for her support then her mother may be the one, not her, entitled to any amount collected from her father.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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