Legal Question in Family Law in California
Back pay
Can 18 year old child collect 5 years backpay C/S from the NCP even though the custodial parent was collecting a higher s/s to offset the C/S; which was age 13 at time of dissolution and S/S agreement? If so who would collect backpay C/S; custodial parent or 18 year old child
1 Answer from Attorneys
Re: Back pay
Child support is owed to the parent not the child. Any arrears outstandinging when the child turns 18 is a debt that can be collected with interest at a later date. It can't be discharged in bankruptcy. The parent may make an agreement to receive s/s instead of c/s. You seem to believe that you have been robbed by your parent because of this agreement. Please realize that it is completely up to the parent how the child support is spent so it isn't as if your parent had to account to you for where the money went. Your parent had a duty to provide you with the necessities of life and one presumes that they did or you would have gone to live with the other parent or someone else. I have never seen a case where the parent receiving child support was making a profit. Usually, the support is barely half of the cost of raising a child. Many parents voluntarily continue to aid their children long after they turn 18. You may want to approach both of your parents with a different attitude they you appear to have. Being their adult child does not entitle you to "back pay".