What Can I Do If My Ex Owes Me Child Support But My Child Is Over 18 Now?
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Learn more about Michigan child support.
The fact that your ex failed to make a child support payment does not absolve him of the responsibility. The amount owed will accrue, just like any other financial responsibility, and your former spouse will still be liable for making overdue child support payments. Usually, child support is paid until a child turns 18, but what if your ex doesn’t pay during that time? Can you still get child support after that?
Here’s what you should know.
Ex-spouse Owes Child Support To Now-Adult Child
Child support arrears may accumulate rapidly and take months or even years to resolve. When the original support duty ends, the child support debt does not go away. Thus, even if your child has reached the age of majority and has a family of his or her own, your ex is still required to pay child support owed when your child was a minor.
However, your ex shouldn’t be paying for any new child support, so ensure that the support you’re asking for is only for the overdue support you’re owed from years back.
Bear in mind that state laws may differ slightly in this matter. For instance, child support may be terminated in some states at the age of 18, while in others it may be terminated at the age of 19, and so on. Some states even consider “emancipated” children to be exempt from paying child support.
Furthermore, some states and courts can change child support payments after the child reaches the age where they no longer need to be supported by the custodial parent. Despite these differences, the rule is that child support must continue until the arrears are paid in full, no matter how old the child is.
Enforcing Action Ex Owing Child Support
It’s no secret that states and the federal government take child support orders seriously. Enforcement officials can suspend or take away driver’s licenses or passports, garnish wages, take tax rebates, put liens on the estate, or even imprison a delinquent parent. These measures can be used even after the child reaches 18, and most states don’t let parents get out of paying child support by filing for bankruptcy.
When your ex-spouse is behind on child support, the state can take several steps to get them to pay what they owe, such as withholding their wages or using their tax refund to pay off their debt.
The support payments made by your ex continue to be made to you. Your ex can’t file for bankruptcy to get out of paying back child support, and the arrearage won’t go away until it’s paid in full. In some places, you only have a certain amount of time to collect child support payments after your child turns 18. If this is the case, you may have to go back to court and reapply for the child support order.
Immediately Consult a Michigan Child Support Attorney
Collecting child support can be both legally and emotionally complicated. If you have concerns about child support or problems collecting back payments, contact a Michigan child support attorney at Goldman & Associates. Get in touch with us or book an appointment for a free consultation.