Child support after age 18

[Kbee]

Jurisdiction

Washington

My brother has paid child support every month, and has paid for every additional expense for his daughter since he was informed of her birth at age 4 months. This has included health insurance, clothing, all school and sports expenses, etc (thousands of dollars every year, all in addition to support money). And all this without any support order in place.My niece is now 18 and a senior in high school.
He informed her mother that he will continue to pay his daughter's misc expenses, but no more support payments. What can the mother legally do to him?

 

[army judge]

What can the mother legally do to him?

The mother can have the state take him to court and a judge will issue a court order for all the UNPAID child support.

In Washington state a parent's child support obligation ends when the child turns 18.

If the child has already turned 18 BUT is still attending high school full-time, Washington law continues the support obligation until the child turns 19 or graduates, whichever occurs first.

The fact that the alleged father has given her money, the courts won't consider money given WITHOUT a court order in place as anything but GIFTS, not child support.

The state will assist the parent with obtaining a court order for child support, all the child support that hasn't been lawfully paid.

Division of Child Support | DSHS

 

[shrinkmaster]

As stated this was NOT support but gifts. Mother "could" seek monies for last 18 years!

 

[Kbee]

No support order has ever been in place, and my understanding is the mother would have no ability to obtain retroactive support. Is this correct?

 

[shrinkmaster]

Read through this forum. You will see many cases where there was no court ordered support and the non custodial parent had to pay for support since birth even if he/she was giving monies to other parent as support. Court can consider these payments as "gifts". It is best to consult a lawyer

 

[army judge]

No support order has ever been in place, and my understanding is the mother would have no ability to obtain retroactive support. Is this correct?

Do your pal a favor, if you wish to be of assistance to him.

Direct your pal or relative to discuss this situation with a licensed lawyer in Washington state.

Your understanding is actually a misunderstanding.

Your pal or relative needs a real lawyer ASAP, licensed in Washington, not gossip, innuendo, or falsehoods.

 

[leslie82]

No support order has ever been in place, and my understanding is the mother would have no ability to obtain retroactive support. Is this correct?

She could because what he gave her would be considered gifts. So if she wanted to be a bitch she could go back and file for 18 years of support. Your brother should have had this through the courts the entire time. He needs a lawyer.

 

[zddoodah]

Assuming your real question is whether the child's mother can now obtain a child support order, the answer is yes. Your brother can be obligated to pay child support until the child has turned 18 and has graduated high school.

Retroactive child support is not a possibility. Such an order would be prohibited by federal law.