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  1. #1
    freespirit Guest

    Question

    Hello,

    Question on the statue of limitations for arrearages in child support.

    Two state's:

    Oregon where intial order was placed.

    The law for collection of past due support is as follows.

    E1. What is your State’s statute of limitations for collection of past due support?

    25 years from date of initial order if unexpired child support judgment valid on January 1, 1994.

    *What does this mean?*

    Idaho where person who owes support lives:

    IDAHO::::

    E1. What is your State’s statute of limitations for collection of past due support?

    Any enforcement action must be commenced prior to the youngest child's 23rd birthday.

    *What does this mean?*

    I guess I do not know what Any enforcement action must be commenced prior to mean.

    Child turned 23 in November of last year. Drivers liscense suspension was started just acouple of weeks prior to 23rd. birthday.

    I am assuming this was done to meet the statue of limitations on commencing action prior.

    Just wondering what other enforcement actions can be taken in Idaho now that child is 23 if any? Or is there none since wage garnishment or any other enforcement was not implemented before the 23st. birthday?

    And according to Oregon law 25 years after intial order was placed is the statue of limitations for pass due collection applied? Does this mean that when child turns 25 as order was first established when she was only 3 months old. Does the statue for Limitation for Oregon mean that collection of this support has reached the legal statue of limitations?

    Thank You,
  2. #2
    LadyBlu Guest
    Originally posted by freespirit
    Hello,

    Question on the statue of limitations for arrearages in child support.

    Two state's:

    Oregon where intial order was placed.

    The law for collection of past due support is as follows.

    E1. What is your State’s statute of limitations for collection of past due support?

    25 years from date of initial order if unexpired child support judgment valid on January 1, 1994.

    *What does this mean?*

    Idaho where person who owes support lives:

    IDAHO::::

    E1. What is your State’s statute of limitations for collection of past due support?

    Any enforcement action must be commenced prior to the youngest child's 23rd birthday.

    *What does this mean?*

    I guess I do not know what Any enforcement action must be commenced prior to mean.

    Child turned 23 in November of last year. Drivers liscense suspension was started just acouple of weeks prior to 23rd. birthday.

    I am assuming this was done to meet the statue of limitations on commencing action prior.

    Just wondering what other enforcement actions can be taken in Idaho now that child is 23 if any? Or is there none since wage garnishment or any other enforcement was not implemented before the 23st. birthday?

    And according to Oregon law 25 years after intial order was placed is the statue of limitations for pass due collection applied? Does this mean that when child turns 25 as order was first established when she was only 3 months old. Does the statue for Limitation for Oregon mean that collection of this support has reached the legal statue of limitations?

    Thank You,
    The child support is enforceable in both states and have not met the SOL guidelines to be discharged. Enforcement action was taken prior to the childs 23rd birthday if you had your license suspended. Now you can get a judgement against you and there will also be a wage garnishment order. The license suspension was a act of enforcement.

    The reason that OR SOL is met is because Idaho acted to enforce the original order.

    Just so you are aware, the child support obligation will not just disappear, they are like student loans, it will come back to haunt you till you die. Then the CSEA will take what you owe from your estate. So if you are remarried and have a will, it wont do any good because your child that you have failed to support for all those years will have first dibbs on everything you own. In fact do not be surprised if you start getting notices of liens against all of your property within the next year. They will come and take whatever property you have to satisfy this debt.
  3. #3
    freespirit Guest

    Red face So what you are saying is?

    That now Oregon laws are now in effect for the extended period as Idaho did there intial enforcement.

    This still leaves Oregon to the age of 25 for the child.

    I know that the statue of limitations does apply to some cases and does infact wipe out the amount when the statue of limitations was met, as this happened to a friend of mine in 1994 the statue of limitations ran out on the order she was tring to collect for back child support.

    This amount in now gone and she cannot collect. She showed me the papers saying what was lost due to statue of limitations.

    So in somecases and depending on the state - statue of limitations due apply.

    This was not for me oweing and was about my X who owes me. I do not want nor need the money and was tring to get information for him. As the states just seem to of taken over because 18 years ago I received welfare for 2 years do they will not dismiss the order. It is our child and he has not gone without simply because my X could not afford to pay all that was owed. I know he helped out when he could. Our child is find went to college now married and has 2 children of his own.

    And this is enough for me. I wish this nightmare would end for him so he could raise his children now with him. And we both could get on with our life.

    So as far as you saying this goes on until the person die's is not so. And if so then I myself who is suppose to get the support will give it all back to him. Seems like a waste of tax payers money to me.

    At any rate if someone will knowledge in this area could respond as to the questions I have asked. Please do so.

    Thank You for your response though - maybe you could use the information I supplied for others.

  4. #4
    LadyBlu Guest

    Re: So what you are saying is?

    Originally posted by freespirit
    That now Oregon laws are now in effect for the extended period as Idaho did there intial enforcement.

    This still leaves Oregon to the age of 25 for the child.

    I know that the statue of limitations does apply to some cases and does infact wipe out the amount when the statue of limitations was met, as this happened to a friend of mine in 1994 the statue of limitations ran out on the order she was tring to collect for back child support.

    This amount in now gone and she cannot collect. She showed me the papers saying what was lost due to statue of limitations.

    So in somecases and depending on the state - statue of limitations due apply.

    This was not for me oweing and was about my X who owes me. I do not want nor need the money and was tring to get information for him. As the states just seem to of taken over because 18 years ago I received welfare for 2 years do they will not dismiss the order. It is our child and he has not gone without simply because my X could not afford to pay all that was owed. I know he helped out when he could. Our child is find went to college now married and has 2 children of his own.

    And this is enough for me. I wish this nightmare would end for him so he could raise his children now with him. And we both could get on with our life.

    So as far as you saying this goes on until the person die's is not so. And if so then I myself who is suppose to get the support will give it all back to him. Seems like a waste of tax payers money to me.

    At any rate if someone will knowledge in this area could respond as to the questions I have asked. Please do so.

    Thank You for your response though - maybe you could use the information I supplied for others.

    Well unfortunately for you, you are wrong. If you received aid for your children at any time you gave the state the right to enforce your orders for support.
    Oregon Statutes:

    109.010 Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.



    109.015 Proceedings for child support if child receives public assistance. If public assistance, as defined in ORS 416.400, is provided for any dependent child, the Department of Human Services may initiate proceedings under ORS chapter 23, 107, 108, 109 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 110.303 to 110.452, 416.400 to 416.470, 419B.400 or 419C.590 to obtain support for such child from either or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party. [1983 c.767 s.2; 1985 c.671 s.44c; 1991 c.67 s.22; 1993 c.33 s.371; 1993 c.596 s.19; 1993 c.798 s.45; 1995 c.608 s.36; 1997 c.249 s.37]



    109.100 Petition for support; effect of order; parties. (1) Any minor child or state agency on behalf of that minor child may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon such child's father or mother, or both, to provide for the child's support. The minor child or state agency may apply for the order by filing in such county a petition setting forth the facts and circumstances relied upon for such order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter. If it appears to the satisfaction of the court that such child is without funds to employ counsel, the court may make an order directing the district attorney to prepare such petition and order to show cause.

    (2) The order is a final judgment as to any installment or payment of money which has accrued up to the time either party makes a motion to set aside, alter or modify the order, and the court does not have the power to set aside, alter or modify such order, or any portion thereof, which provides for any payment of money which has accrued prior to the filing of such motion.

    (3) The provisions of ORS 108.110 (3), 108.120 and 108.130 shall apply to proceedings under subsection (1) of this section.

    (4) In any proceeding under this section, both the child's physical and legal custodians are parties to the action. [1963 c.497 s.2; 1975 c.458 s.14; 1979 c.90 s.2; 1979 c.284 s.100; 1989 c.812 s.7; 1993 c.596 s.20]


    It may help you to read also the Uniform Child Support Enforcement acts for both states
    Oregon:
    [url]http://www.leg.state.or.us/ors/110.html[/url]
    Idaho:
    [url]http://www3.state.id.us/idstat/TOC/32FTOC.html[/url]

    Since Idaho is the responding tribunal and only enforcing Oregon's orders Idaho has no say in the matter.
    Oregon is owed money plus interest for the aid you received and they will collect their money one way or another.


  5. #5
    freespirit Guest

    Question The question has never been answered.

    Yes, I understand all that. Although welfare or the state has been paid back way back when. I only received it for about 1 1/2 years. And he is only in arrears for 5 years.
    Like I said around 18 years ago when child was 6mo.s old to about 1. 1/2 years. My X has paid support for many years - and it wasn't until child was in her teens that he fell into arrears. So the state has been paid back.

    The question that was intially asked was about the statue of limtitaions. And although most states have none.

    Idaho or rather Oregon by which has the order is 25 years for intial order which I was when she was 6 mo. old when we got divorced. Does have statue of limitations on past due support.

    So all I am asking is does the statue of limtitaions apply (which should according to Oregon law) for the 25 years. which would actually be in the year 2003.

    Both your links you supplied do not say anything about statue of limitations for the state.

    This url does for each us state:

    [url]http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm[/url]
    *looks like there server was having problems with this site* but keep checking it does show all the guideline for each state.

    You can check out both Idaho and Oregon for statue of limitaions for arrears and past due collection of support.

    Question still stands on Statue of limitations. I KNOW THIS DOES APPLY AS IT HAPPENED TO MY FRIEND AND I SEEN THE AMOUNT BEING DISCHARGED IN COURT ORDERED PAPERWORK. DUE TO STATUE OF LIMITATIONS.

    It said amount lost due to statue of limtitations.

    So intial question is statue of limitations.

    I want this done and over for both of us without having to hire an attorney to clear this up.

    After all it is our child and not theres.



  6. #6
    LadyBlu Guest

    Re: The question has never been answered.

    Originally posted by freespirit
    Yes, I understand all that. Although welfare or the state has been paid back way back when. I only received it for about 1 1/2 years. And he is only in arrears for 5 years.
    Like I said around 18 years ago when child was 6mo.s old to about 1. 1/2 years. My X has paid support for many years - and it wasn't until child was in her teens that he fell into arrears. So the state has been paid back.

    The question that was intially asked was about the statue of limtitaions. And although most states have none.

    Idaho or rather Oregon by which has the order is 25 years for intial order which I was when she was 6 mo. old when we got divorced. Does have statue of limitations on past due support.

    So all I am asking is does the statue of limtitaions apply (which should according to Oregon law) for the 25 years. which would actually be in the year 2003.

    Both your links you supplied do not say anything about statue of limitations for the state.

    This url does for each us state:

    [url]http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm[/url]
    *looks like there server was having problems with this site* but keep checking it does show all the guideline for each state.

    You can check out both Idaho and Oregon for statue of limitaions for arrears and past due collection of support.

    Question still stands on Statue of limitations. I KNOW THIS DOES APPLY AS IT HAPPENED TO MY FRIEND AND I SEEN THE AMOUNT BEING DISCHARGED IN COURT ORDERED PAPERWORK. DUE TO STATUE OF LIMITATIONS.

    It said amount lost due to statue of limtitations.

    So intial question is statue of limitations.

    I want this done and over for both of us without having to hire an attorney to clear this up.

    After all it is our child and not theres.



    Ok, Simple question, Have you tried calling the state Child Support Enforcement agency? Have you petitioned the court to terminate the original support order? If not maybe you should think about doing so. Although the arrears are most likely not going to go away. The original state attempted to enforce the original order which makes the SOL on your case null and void.

    Your friends case was dismissed probably because the state or she waited too long to try to enforce the order. But as long as there was a enforcement action taken prior to the date the SOL runs out, it is now enforceable beyond the dates you have stated.
  7. #7
    freespirit Guest

    Red face O.K. so we are dealing with Oregon law

    O.K. will try and contact them.

    But at any rate your answer does not make sense.

    Oregon law which the order is from does have SOL and the date is 25 years - from intial order.

    Nothing about will go on forever if - etc. Just plain and simple:

    OREGON:SOL
    E1. What is your State’s statute of limitations for collection of past due support?

    25 years from date of initial order if unexpired child support judgment valid on January 1, 1994.


    Says nothing about has to be enforced prior or within a certain time nothing.

    And my friend from Oregon when hers ended it was an ongoing case. She received this in her yearly payment statement from the state.

    Said amounts paid for month and year and balance:

    At the end of one year said amount lost due to STATUE OF LIMTITATIONS. This was for 2 children so there still was an amount for the other child that had not reached the statue of limitations.

    But I will contact the Court to see what can be done.

    This might be good for you to look into further as you seem to give advice to alot of people - keep up the good work!
  8. #8
    p towle Guest
    I am not an attorney butI have been a state support officer for over 5 years. Statue of limitations for arrears apply in Oregon. "25 yrs from date of initial order if unexpired c/s judgement valid 1-1-94 according to 1999 NCSEA manual.
    ok to call 800-837-8656 today. Many issues may be here and I can sometimes help out. If debt is owed to you, you have the right to remand it and if it is owed to state I can likely get it reduced up to 50%.

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