Legal Question in Family Law in Mississippi
Child Support
I have a private company collecting over 5 years back child support from my ex husband, he is paying this off slowly, and is still not even current on his child support. My daughter will be 18 soon, she says that money belongs to her, I say it is reimbursement for the mony that I have used in raising her, buying her clothes, housing food, ect. When she turns 18, do I have to turn this child support money over to her, or do I keep it. Granted, I am going to use most of it to help pay for her a car and a place of her own, but legally, do I have to give her the money?
1 Answer from Attorneys
Re: Child Support
Keep it. There is law that supports both positions. Once it becomes backdue child support to a parent who has been supporting the child, it is reimbursement owed to the parent. The parent is barred by the statute of limitations against claims that are at least three years old. The child can also make a claim against the paying parent up to three years after the child turns 21 or is otherwise emancipated. As between the owed parent and child, I believe the owed parent would have a superior claim for reimbursement. On the other hand, this may be a situation in which the first to collect the money gets to keep it.
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