Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My child is 19 and mother never asked for child support. is

it too late? JA: Because family...
my child is 19 and mother never asked for child support. is it too late?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: parents were never married but lived together 12 years before splitting
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
7/19/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,210
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Family Law Question

Hello,

It may still be possible. There is no statute of limitations on child support in California. What you are asking about is retroactive child support. The petition is typically what starts a divorce or paternity action. That means the start date of the California child support order can go back to the date that was filed even though the Court hearing is after that.

Illustration: A petition for paternity is filed on February 1. It is then served. A request for order for child support is then filed on March 1. The hearing is on April 15. On April 15, the Court makes its child support order and may make it retroactive to February 1 or March 1.

In California, retroactive child support payments are required if:

  • Judge determines that the parent and child are eligible to receive retroactive child support payments
  • The non-custodial parent had concealed assets and finances to avoid paying child support payments or a lower amount
  • The non-custodial parent acted in a way to delay the hearing and the payments were delayed as a result
  • The court concludes that the payments must be backdated to a period that the non-custodial parent was not yet ordered to pay

This doesn't necessarily mean the court is going to order 2 decades of back support. The amount that the court orders for the payments to be backdated to could be to the date the notice was service or any subsequent date decided by the court. When calculating retroactive child support payment amounts, these factors are considered:

  • The needs and requirements of the child
  • The income of the non-custodial parent
  • The amount that was avoided by the non-custodial parent at the time the payments were ordered
  • The amount the non-custodial parent already has paid for child support
  • The date that the non-custodial parent could have been subject to payment

It's possible the court could order little or even no back support given that the child is now an adult.

Note that if support is awarded, the State of California allows interest to be charged for all missed child support payments at a rate of 10% per year.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,210
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,210
14,210 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

14,210 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In TX will child support court pursue arrearages from
In TX will child support court pursue arrearages from another state or only state of TX? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
14,210 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I am the non-custodial parent (mother) of a 17 year old
I am the non-custodial parent (mother) of a 17 year old daughter who has been hospitalized for suicidal thoughts, running away and cutting. She does not want to return to her father's home. She fears … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Can family law judge order to keep child support case at
Can family law judge order to keep child support case at family court even one parent open the claim at DCSS? I have been fighting to find my husband true income as he has been hiding it. He is a busi… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
NJ Family Law ... Im currently providing child support for
NJ Family Law ...Im currently providing child support for my 23 year old daughter at $360 a month and my 16 year old daughter at $440 a month. These payments go to my x wife. We have joint custody and… read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x