+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Kelly Burr is offline Member
    Join Date
    Feb 2009
    Posts
    51

    Red face limitations on arrears

    What is the name of your state (only U.S. law)? Nevada Can anyone tell me if there is any kind of statute of limitations on collecting child support arrears?Can the defense of laches be used in this kind of case? CP chose to wait 12 years after divorce was final to pursue collections of arrears, and the children were then 26 and 28 years old? We are in the middle of doing a modification due to his permanent disability, and need all the ammo we can get.
  2. #2
    Drake01 is offline Member
    Join Date
    Mar 2009
    Posts
    92
    Currently there is no SOL on CS arrears in Nevada, of course you need to consult with an attorney. Given the age of the CS order the law may have been different at the time and a SOL may apply to your case.
    A person certainly could use an estoppel based defense, especially given out out of date these supposed arrears are and the timing at which you're trying to "get ammo." In short, a judge will not look favorably on waiting until this disability has come into play to enforce child support arrearages that are many years old when a remdy should have been sought at the time when the support fell into arrears.
  3. #3
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    64,318
    Quote Originally Posted by Kelly Burr View Post
    What is the name of your state (only U.S. law)? Nevada Can anyone tell me if there is any kind of statute of limitations on collecting child support arrears?Can the defense of laches be used in this kind of case? CP chose to wait 12 years after divorce was final to pursue collections of arrears, and the children were then 26 and 28 years old? We are in the middle of doing a modification due to his permanent disability, and need all the ammo we can get.
    Define "permanent disabilty" as it applies to the dad in this case...and explain how much income he is receiving as a result of his permanent disability and where that income is coming from. Those answers wlll be factors.

Similar Threads

  1. Replies: 4
    Last Post: 08-06-2013, 04:01 AM
  2. limitations on arrears
    By penelope10 in forum Child Support
    Replies: 0
    Last Post: 04-14-2009, 05:28 PM
  3. Replies: 9
    Last Post: 07-23-2008, 10:47 PM
  4. Child Support statute of limitations for arrears
    By MichelleG72 in forum Child Support
    Replies: 0
    Last Post: 10-03-2007, 11:24 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.