Is there a Statute of Limitations on Back Child Support?
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Summary
My mother divorced my father due to an abusive relationship, they then went into a custody battle, where he had money and she did not, so he had a lawyer, while she was stuck defending herself. They agreed to take two each, and he got it, where she had to pay child support for the two he had, but he did not have to pay anything for the two she had. Well due to financial problems, she took the two she had and moved away. Fourteen years have passed, without her paying any child support. If the subject was brought up, would she have to pay for all the back owed child support, or would the statue of limitations protect her from owing that? |
“My mother divorced my father due to an abusive relationship, they then went into a custody battle, where he had money and she did not, so he had a lawyer, while she was stuck defending herself. They agreed to take two each, and he got it, where she had to pay child support for the two he had, but he did not have to pay anything for the two she had. Well due to financial problems, she took the two she had and moved away. Fourteen years have passed, without her paying any child support. If the subject was brought up, would she have to pay for all the back owed child support, or would the statue of limitations protect her from owing that?”
Back child support actually ordered should always be collectable, and earning interest on the arrears. Back child support is not even dischargeable in bankruptcy. It may be that the children who were entitled to the support could try to collect it directly from her irrespective of any action that father may or may not take.
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For more on this subject check out these categories: Family Law, Child Support, Finances
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.