Can I stop my mother from getting back child support?

by | Oct 20, 2016 | Ask the Lawyer | 0 comments

Question asked on Oct 10th, 2016

Q: I moved out when I was 15 years old and I never knew my dad. Now he is paying back child support to my mother. But my mother has never worked and never paid for any thing for me when I was younger. My grandparents have always provided for the family. But now my mother gets back child support — is there any way to stop it so she doesn’t get it?

A:  Can you?  Not directly.  Can that happen?  Yes.  Obviously, there is a years-long story here and lots of missing facts.  However, your grandparents should be informed that, for many years now, Nevada child support law has provided that where there is an obligation, it “follows” the actual custody of the children:

NRS 125B.040  Recovery by person other than parent.

1.  The obligation of support imposed on the parents of a child also creates a cause of action on behalf of the legal representatives of either of them, or on behalf of third persons or public agencies furnishing support or defraying the reasonable expenses thereof.

2.  In the absence of a court order, reimbursement from the nonsupporting parent is limited to not more than 4 years’ support furnished before the bringing of the action

3.  An order for the support of a child creates an obligation for the support of the child and follows the child to the person who has obtained lawful physical custody of the child.

4.  A person who obtains lawful physical custody of a child for whom an order for support has been issued shall be deemed to be the person entitled to receive the payments ordered for the support of the child. Such a person may in the same manner as the person named in the order for support of the child and without petitioning the court for a new order:

(a) Enforce the existing order for support of the child; or

(b) Request modification of the order for support of the child.

There is quite a bit more to the statute, which you can read on line if you wish.  Also see our explanation of Nevada child support law here.

Your grandparents should probably consult with a qualified family law specialist.

Marshal S. Willick
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