Sue Your Parents For Fun And Profit
Here is an interesting case - Henry Mills v. Henry Mills. The younger Mr. Mills sued his father for the child support he never paid while he was still a child. I've always known that you can do this in theory, just never saw it actually done. Not only did he sue and win, he was awarded around $1000 in attorney's fees for a total of $13,000. He wasn't satisfied with this amount and appealled to get a higher amount of attorney's fees as well as interest on the child support that had not been paid for several years.
Also interesting is that although the trial court knew that the attorney was going to get 1/3 of any amount awarded, the judge only gave $1000 in fees. While on one hand this seems unfair - if the judge gave attorney fees as much as the attorney was taking - attorneys would simply start increasing the amount of the fees knowing they could pass it along to the defendants.
This is an interesting case for anyone who is really hurting financially now - and was not paid child support for years and years. If your ex has property or even a just a decent job - it might be worth your time to investigate further.
http://courts.arkansas.gov/court_opinions/coa/2009a/20090311/published/ca08-555.pdf
Comments
This has been done a few times in Oklahoma. 2 kids in my son's class successfully sued their non-paying dad, or actually just the older one did, i suppose, when he turned 18. since they had just moved here, the action took place next door in OK. Dear Old Dad paid up, too. I dont know if he was paying in installments or what, but he paid.
my ex didnt pay any child support for 10 years but it was my decision and my only leverage to prevent him from turning his "reasonable visitation," which he attempted to exercise a grand total of three times in 2 years, into the standard deal. He didnt want that, he just wanted to quit paying. the kids didnt want to spend any time with a jerk alcoholic and had always been upfront with him that until he apologized they could have no relationship.
anyway. His house is paid off, and I suppose mine migiht have been, too, had I not been raising two big old eating machines.
those ten years were the best years of my life. After living with an alcoholic, normal life is a real treat. I worked like a maniac but I wouldnt trade that time for anything. I was just lucky I was able to manage somehow. then I got sick and nearly died and my life went all to hell, but that has nothing to do with your topic, sorry.
So the judge awarded the attorney only $1000 in fees? mine had told us 1/3 if he won the case out of court, 1/2 if we went to trial.
How old was Henry the Younger? I suppose I could read the case and find out. But there is precedent for this in oklahoma and now it seems we have precedent for it rat cheer in arkansas. Thanks for posting this, hoglawyer. It's too late for my kids to sue, but this could help a lot of people. Have you considered posting your info on the open line for tonight on the main blog? surely there are lots of people who could use this information.
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March 12, 2009 07:50 PM