Legal Question in Family Law in South Carolina

back child support

is it possible for adult children to sue their biological father for child support never received?Our mother has passed away but i have the original divorce decree stating child support arrangement.I am 38 and my brother is 40.The decree is from N.H. but we both live in SC now.


Asked on 12/26/07, 11:29 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: back child support

It might theoretically be possible to try to enforce an old order for child support, but there are two problems: (a) the money was owed to your mother, not to you, and (b) your father can use the defense of laches, which basically has to do with a claim not being brought in a timely manner.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/26/07, 2:49 pm


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