Who Gets Back Child Support After the Child Is 18
In all 50 states of the U.S., there are laws that require both parents to be financially responsible for their children and to provide the basic needs for their children.
If a parent is behind on their child support payments, they will still be required to make the payments until they have fulfilled their obligated duties. But who gets the back child support money after the child turns 18 years old? Keep reading to find out.
What is Child Support Arrears?
When a court orders someone to pay child support, the court will set an amount that usually needs to be paid on a monthly basis. If the parent misses any payments, it is considered to be in arrears. This is a legal term that basically just means that a person is late paying off a debt or making a payment.
Do All Child Support Arrears Have to Be Paid Back?
For the most part, yes. If you are in arrears for your child support payments, you are required to pay back all of the missed payments until you are caught up. If the child turns 18 years old, you are still required to make payments.
Is There a Statute of Limitation on Back Child Support Payments
Determining how long you can continue to collect back child support will vary by state. Some states have no statute of limitations, while other states forbid the custodial parent from collecting child support at a certain time after the child's 18th birthday. Here is a look at some of the different states' statutes of limitation periods for collecting child support.
|Arkansas||5 years after the child's 18th birthday|
|Florida||No statute of limitations|
|California||No statute of limitations|
|New York||20 years after the date of default|
|Montana||10 years after child support obligation ended|
|New Jersey||5 years after the child's 19th birthday|
|Ohio||No statute of limitations|
Who Gets Back Child Support After a Child Turns 18 Years Old?
When a court orders a person to pay child support, the money goes to the parent to help take care of the child. If the noncustodial parent is in arrears, the custodial parent now has to provide 100% of the financial support to the child. Before the child turned 18, the money went to the custodial parent. After the child turns 18 years old, the money is still sent to the same recipient. Most people consider it to be a way to repay the custodial parent for having to fully support the child during the missed payment times.
There are instances when a judge may order the money to be sent to the child instead of the custodial parent after the child's 18th birthday. But, without a new court order, everything stays the same in terms of who is receiving the payments.
Demand Child Support Payments with the Help of DoNotPay
If you feel that you are owed child support, DoNotPay can help you send a demand letter and receive the benefits that you deserve. In order to send a letter through DoNotPay, follow these three simple steps:
- Search child support on DoNotPay and enter the details of the person who owes the payments.
- Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made and number of missed payments, and how much they owe you in total.
- Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.
How to Lower Your Child Support Payments with the Help of DoNotPay
If you are late paying your child support, or you think you will soon miss a payment because you are unable to afford the court-ordered amount, it may be in your best interest to see if you can have the child support payments modified. If you would like to see about getting your payments reduced, DoNotPay can help by sending a request letter on your behalf. To send a letter requesting reduced child support payments, follow these three simple steps:
- Search child support on DoNotPay and select the state your child support agreement was established in.
- Answer a series of questions about your current financial situation and your past payments to help guide the application.
- Confirm your current contact information, and enter the location of the county court that established your child support agreement, so we can mail your request on your behalf!
DoNotPay Can Help You Solve All of Your Child Support Issues
Whether you would like to demand child support in Ohio, or you are looking to reduce your child support payments in Texas, DoNotPay can help from coast to coast and everywhere in between. Not only can we help you with child support payments, but we can also help answer a wide range of child support questions that you may have. Some of the areas that DoNotPay can help with include:
- Learn about child support tax laws in your county
- Find out what you can use your child support payments on
- Discover different punishments that you could face for not paying child support
What Else Can DoNotPay Help You Do?
DoNotPay was created to help make your life easier. In addition to helping you with child support, we also have a wide range of other services, which include:
- Pay child support
- Fight for compensation in small claims court
- Send a financial aid appeal letter
- Send a Notice of Intent letter for your homeschooled child
- Easily file insurance claims