Legal Question in Family Law in California

Re: Child Support

I do not know what you mean by "left open" by the courts. In New York, child support is never left open.

However, if in this particular case support was never addressed in the divorce, your mother may proceed to request support from Family Court. In New York, support is given until the minor is 21.

The second part of your question asks whether you and your brother have any legal recourse against your father. In New York, support is given to the parent and not the child. However, I have heard of some limited circumstances where a child successfully sued a parent for failure to support.

Re: Child Support

If a child support order was entered, but never paid by the non custodial parent, then arrears continue to accrue and the child/ren can sue to enforce that order or judgment for support, even after age 21.

"Abandonment" is a cause of action in matrimonial actions and a ground for relief, such as a divorce or separation. There is no such similiar cause of action or relief for children as against their parent/s.

The "Abandonment" that you appear to be referring to, is your parent's failure to support.