Legal Question in Family Law in California

Can a child go after back child support from a parent?

My father has never payed back child support for 17 years.

I am the child who the money was supposed to be for.He was ordered to pay $20.00 a week but has never paid anything.I have the copy of the judgment and decree of divorce granted from AZ.My mother passed away 9 years ago.I am 30 years old and have never met my father.I am wondering if I can have the state of AZ go after my father for back child support being the child the support was intended for?Can I have the state pay me and then they go after him?I also do not know where he lives or if he is alive..


Asked on 10/30/02, 5:50 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Can a child go after back child support from a parent?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry.

However, I would say first, this is a question of AZ law not California law because that's where the judgment originated.

Assuming the divorce judgment includes a child support provision, you probably can seek to register it as a "foreign judgment" and enforce it (with accrued interest) in the state where your father now resides.

Obiously, you will have to locate him first and then give him notice and opportunity to be heard.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/30/02, 3:21 pm


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