Back Child Support

[lynda2901]

What is the name of your state (North Carolina)?
I was divorced 32 years ago from the father of my 2 children. We lived in Florida at that time. He was ordered to pay me child support through the clerk of the courts. I think it was called an Order Directing Payment of Support to the Clerk of the Court. He never paid anything and left the state. He moved to New York but for some reason the state of Florida could never find him to enforce the child support order.
I struggled for some time to raise 2 small children on my own and I eventually remarried.
My son has been in contact with his father over the past several years and he remarried and is still living in New York state. My son said his father is doing quite well financially and owns real estate that is quite valuable.
My son was laid off from his job last year and has yet to find employment. He is struggling like I did when they were little and I have helped him as much as I can. I am once again divorced and I am not in a great position to keep helping him. I told my son to ask his father for some help until he finds a job and his father told him to try to get welfare.
I know in Florida there is no statue of limitation for collecting back child support and I would like to know if I have a chance of making him pay the back child support. I don't want it for myself, but it would help his son out while he is out of work and also his daughter who is a working mother of 4.

 

[Ohiogal]

What is the name of your state (North Carolina)?
I was divorced 32 years ago from the father of my 2 children. We lived in Florida at that time. He was ordered to pay me child support through the clerk of the courts. I think it was called an Order Directing Payment of Support to the Clerk of the Court. He never paid anything and left the state. He moved to New York but for some reason the state of Florida could never find him to enforce the child support order.
I struggled for some time to raise 2 small children on my own and I eventually remarried.
My son has been in contact with his father over the past several years and he remarried and is still living in New York state. My son said his father is doing quite well financially and owns real estate that is quite valuable.
My son was laid off from his job last year and has yet to find employment. He is struggling like I did when they were little and I have helped him as much as I can. I am once again divorced and I am not in a great position to keep helping him. I told my son to ask his father for some help until he finds a job and his father told him to try to get welfare.
I know in Florida there is no statue of limitation for collecting back child support and I would like to know if I have a chance of making him pay the back child support. I don't want it for myself, but it would help his son out while he is out of work and also his daughter who is a working mother of 4.

File a motion to show cause and serve him. You can get a judgment against him to pay you. You then can decide to turn the money over to your son.

ETA: Case law states that the defense of laches is only used if he can show four things:

(1) conduct on the part of the defendant giving rise to the situation of which complaint is made; (2) failure of the plaintiff, having had knowledge or notice of the defendant's conduct, to assert [her] rights by suit; (3) lack of knowledge on the part of the defendant that plaintiff will assert the right on which he bases [her] suit; and (4) injury or prejudice to the defendant in event relief is accorded to the plaintiff.

See: Gaines v. Gaines, 29 Fla. L. Weekly D541, 870 So.2d 187 (Fla.App. 4 Dist. 2004)
This case dealt with the following facts:

In 1985, Pamela Sue Gaskin gave birth to Matthew Gaines. The mother did not want Gaines to participate in Matthew's rearing. In fact, Gaines had to seek a judicial determination of paternity, after the mother denied that he was the father. In 1988, the parents entered into a written agreement providing that Gaines would not seek visitation in exchange for the mother releasing him of the obligation to pay child support. Gaines contends this agreement was entirely the mother's idea. After this agreement was signed, the parties entered into a formal Stipulated Final Judgment of Paternity, which provided for Gaines to pay $120.00 per month in child support. Gaines was under the impression, allegedly due to the mother, that the agreement between the parties was going to take precedence over the Stipulated Final Judgment.
In apparent compliance with the parties' agreement, the mother did not seek to enforce the order granting her child support for almost eleven years. Nor did she ever attempt to even contact Gaines, due to her alleged but unsubstantiated claim of intimidation. Likewise, Gaines claims that in reliance on their agreement, he never sought visitation with Matthew. Gaines did not participate whatsoever in Matthew's upbringing, and therefore has no inkling of a relationship with him. Furthermore, Gaines did not keep in contact with Matthew or the mother, and claims to have been unaware of their whereabouts. As both parents appeared to be acting in compliance with their agreement, Gaines claims that he had no reason to believe the mother would interpose a claim for support.

The father could prove laches due to the bolded above. However normally LACHES would NOT apply.

 

[Proserpina]

What is the name of your state (North Carolina)?
I was divorced 32 years ago from the father of my 2 children. We lived in Florida at that time. He was ordered to pay me child support through the clerk of the courts. I think it was called an Order Directing Payment of Support to the Clerk of the Court. He never paid anything and left the state. He moved to New York but for some reason the state of Florida could never find him to enforce the child support order.
I struggled for some time to raise 2 small children on my own and I eventually remarried.
My son has been in contact with his father over the past several years and he remarried and is still living in New York state. My son said his father is doing quite well financially and owns real estate that is quite valuable.
My son was laid off from his job last year and has yet to find employment. He is struggling like I did when they were little and I have helped him as much as I can. I am once again divorced and I am not in a great position to keep helping him. I told my son to ask his father for some help until he finds a job and his father told him to try to get welfare.
I know in Florida there is no statue of limitation for collecting back child support and I would like to know if I have a chance of making him pay the back child support. I don't want it for myself, but it would help his son out while he is out of work and also his daughter who is a working mother of 4.

You are absolutely correct - there is no SOL on collecting child support in FL.

However, Dad might be able to use the equitable doctrine of laches in his defense; this is basically saying "You've waited too long to do anything about it".

I cannot find anything saying that laches is explicitly barred for child support in FL, unlike in some other states.

(In fact, there is case law that supports both sides of that argument - so if I were you, I'd speak with a local attorney. An initial consult might be worth the money you spend )