PDA

View Full Version : can parents be held responsible for failure to support after children are over 18?


readkahlil
07-31-2005, 06:05 AM
My sister and I were born in florida, and raised by grandparents due to abuse and neglect of parents. Grandparents were awarded permenant custody, but never sought child support from biological parents, believeing that this would somehow give them more clout in a future custody battle, and disruption to our lives. Our biological parents have done nothing to help our grandparents shoulder the responsibility...not one cent. As a result, our grandparents spent much of what would have been retirement savings on costs associated with our care. In 1990, we moved to NC, and in 1993 I turned 18, and began college. It was difficult, since my grandparents could not afford to help much. Now at 30, I am nearing the end of a professional school program and again am faced with a mound of expenses, (board reviews and examination fees, etc...) and must turn to my grandparents, already still working well into retierment age because of the the added responsibilty they have shouldered, for assistance. Sorry for the long background explaination, but my question is, can my biological father, (who is still in touch w his parents who raised me, but has NEVER even offered any financial assistance) be forced to pay either them or me some of what he should have paid all along even though I am now 30 years old? I feel he should take at least some of the responsiblity for sentencing his own parents to a lifetime of hardship and his children (i have a sister) to the moral delimma of needing support from grandparents who have already sacrificed financial security by raising us!?!

pty
07-31-2005, 08:25 PM
Unfortunately, too many grandparents find themselves in this situation.

There was never a child support order in place, so what you want to file for is retroactive child support, correct? Considering that you're 30 years old, it’s extremely likely that the statue of limitations has pasted. In NC, I believe that you have to file within 3 years of the child reaching the age of majority/becoming emancipated. But I'm not an attorney, and I could be wrong. I would suggest that you speak with an attorney.

And I’m just curious, but in regard to your current expenses, is there a reason that you can’t get a loan for those board reviews, examination fees, etc instead of asking your grandparents for the money?

elklaw
08-12-2005, 05:05 PM
Not unless the child is disabled in some way, or the child is attending post-secondary schooling after high school, and then til age 21-23 depending on state law or the support decree

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements