When a State Writes Off Back Child Support Due to a Statute of Limitations, Can I Get Them to Reinstate it?

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“My son is now 24 years old. I have never received any child support. I live in the state of Missouri where the child support order was filed. Child support was ordered to go thru the state in 1984. I am going thru a company named Support 4 Kids to obtain back child support. The state wrote off over $60,000 dollars of back child support in 2004 stating a statue of limitations for 10 years of no payment received. The company Support 4 Kids is stating that I can not get any more back child support than what is listed in the state records. Is this correct? If so is there anyway to get the state to put the total amount due back on the records?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Yes, what you have been told by Support 4 Kids is likely correct, assuming that the facts are as you have recounted them here. Statutes of limitation are a long-standing part of our jurisprudence, and are there to protect people from being prosecuted for actions too long after the fact. To the best of my knowledge the only action which is not subject to a statute of limitations is murder, and statutes of limitation are essentially unassailable.

If the statute of limitations which has run has to do with state agencies collecting support, and if the child support debt is otherwise live, depending upon the state in which you live, you may be able to bring a civil action against your ex for the back support, but what are your odds of actually collecting?

Recommended reading (click on the picture for details):
Child Support: Your Legal Guide to Collecting, Enforcing, or Terminating the Court's Order (Sphinx Legal)



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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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