Legal Question in Civil Litigation in New York

Can my adult children sue their father for never paying court appointed child su

My ex-husband rarely paid his child support. My children are now 24 (twins) and 18. He was recently allowed to emancipate my 18 year old because she was pregnant and the arbitrator issued a money judgement for his arrears, knowing that everything is in his wife's name and I'll never get the money. Since 1989 I was the sole supporter of my children. Can they sue their father for all the years of poverty and mental stress he caused them by not providing financially for them?


Asked on 5/30/03, 10:57 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can my adult children sue their father for never paying court appointed chil

This is outside my own expertise. However, It is unlikely the 24 year old children will be able to bring an action because of the statute of limitations. The 18 year must act quickly. Since the purpose of the child support is to benfit the child, the child is clearly a third party beneficiary and can sue.

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Answered on 5/30/03, 3:55 pm
Gary Adelman Adelman Matz, P.C.

Re: Can my adult children sue their father for never paying court appointed chil

This is also outside my own expertise, but if your ex-huband is employed, and you have a judgment, have you considered trying to garnish his wages.

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Answered on 5/30/03, 7:20 pm


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