Legal Question in Family Law in Maryland
I would like to know if an adult child can sue their father for non-support payments dating back fifty years? The birth father never paid child support payment according to the court order, and the birth mother never pursued him to make payments.The adult child feels that they were wronged and the birth father should be made to pay a "figure" for this form of child neglect.
The adult child seems to think there is some legal recourse for this issue, and is seeking some free legal advice before legally pursuing through the system.
Thanks for your time and attention.
1 Answer from Attorneys
Not after 50 years. The support is for the benefit of the child, and there is some case law to the effect that, as long as the child is a minor, the statute of limitations is "tolled" (does not apply). It would apply if the mother was seeking to enforce the obligation, but not if the child is the one to do so. Once the child reaches the legal age of majority, however, the statute of limitations begins to run. If the obligation is pursuant to a court order, the statute of limitations may be as long as twelve years from when each payment was due, but not beyond that time.
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