Statue of limitations for back child suport

[johnjk]

What is the name of your state?GA,KY

I am 39 years old. My father left when I was 2 and only paid child support for 2 years and didn't pay the full amount for those two years. My mother came up with the idea the other day to go after him for unpaid child support for approximately 16 years (assuming he is still alive). I'm fairly certain she has a court order for him to pay child support. Is there any chance of her collecting back child support? I don't think she needs the money, it's a matter of principle.

 

[LdiJ]

Are you kidding me?

Ever hear of the saying "You Snooze, You Lose"?

It depends on state law. In some states she could still go after him for the back support (since there was a court order). In other's she couldn't unless she already had a judgement against him for not paying the back support. In yet a few others even a judgement might already be expired at this point.

 

[ceara19]

You have NO ROOM to speak about "it's a matter of principle". You're lucky people aren't ripping into for such a ridiculous post.

You are "fairly certain" (meaning: you haven't a clue).

You don't even know if he's still alive.

If there was a court order for support, he would've paid.

Ever hear of the saying: "You Snooze You Lose"?

Just because there is a court order doesn't mean he would have paid it. I have no idea how even a marginally intellegent person could come to that kind of conclusion. I don't know what kind of peaches & cream, candy coated world you live in where everyone follows all the rules just because someone tells them to, but I'm sure there are more than a few of us that would love directions so we could relocate.

As to your comment concerning principle, obviously you have none, otherwise you would understand. It doesn't matter if it was 39 years ago or 3 months ago, by federal statute, unpaid child support is an irrevocable debt. Meaning the only way to clear the debt is by paying it. Even if the father is no longer alive, his estate is responsible for paying the debt, with interest. After all this time it could be a sizable amount. No amount of money can can fix the what this man had to deal with by growing without a father, but he an his mother are still entitled to it.

 

[dannysmyboy]

What is the name of your state?GA,KY

I am 39 years old. My father left when I was 2 and only paid child support for 2 years and didn't pay the full amount for those two years. My mother came up with the idea the other day to go after him for unpaid child support for approximately 16 years (assuming he is still alive). I'm fairly certain she has a court order for him to pay child support. Is there any chance of her collecting back child support? I don't think she needs the money, it's a matter of principle.

Your mother came up with the idea??? Why?? If you don't even know if he's alive, what's with the "let's just sue him attitude" Did she just realize he pi$$ed her off years ago????...Are YOU hard up for the money?????

 

[dannysmyboy]

You have NO ROOM to speak about "it's a matter of principle". You're lucky people aren't ripping into for such a ridiculous post.

You are "fairly certain" (meaning: you haven't a clue).

You don't even know if he's still alive.

If there was a court order for support, he would've paid.

Ever hear of the saying: "You Snooze You Lose"?

If there isn't a statute of limitations, there should be....Where were these people when he went behind in back support?? I'm with you "You Snooze, You Lose"... Sounds like the son might need some money, ya think??

 

[VeronicaGia]

What is the name of your state?GA,KY

I am 39 years old. My father left when I was 2 and only paid child support for 2 years and didn't pay the full amount for those two years. My mother came up with the idea the other day to go after him for unpaid child support for approximately 16 years (assuming he is still alive). I'm fairly certain she has a court order for him to pay child support. Is there any chance of her collecting back child support? I don't think she needs the money, it's a matter of principle.

You don't mention what state you're in, GA or KY, but in KY the statute of limitations is 15 years after the child (you) turns 18. In GA the statute of limitations is 10 years, and that is only if a judgement was filed and the judgement would have had to have been renewed after 7 years for another 3 years.

If you're in a different state, we cannot even answer your question except to say that the Doctrine of Laches would probably be used by your dad, if he's still alive. If he's deceased and had no estate, there is no way to pay. If he's been dead for quite a while and his estate has already been handled and your mother never made a claim on it, it is too late now.

In any event, she should have enforced her rights a long, long time ago. She (and you) need to move on.

 

[johnjk]

No I don't need the money. Give me a break. We're talking about a man that walked out on a family of four children and for the most part did not pay child support. I don't care if it's 5 or 50 years, if he owes it he should pay it. I agree it should have been addressed a long time ago. I am in Ga., but the divorce took place in Ky.

 

[rjb6105]

Not too many moms like yours. Most women would be chasing him down from day one. I guess your serious since you are in this forum. Why bring up the past? It is dead and gone. Principal or not.

 

[TNBSMommy]

If there was a court order for support, he would've paid.

I wish you would tell that to MY ex who has a CO, who has been to jail, etc...and STILL won't pay it.... you are amusing though, sometimes... I'll give you that.

 

[LdiJ]

I wish you would tell that to MY ex who has a CO, who has been to jail, etc...and STILL won't pay it.... you are amusing though, sometimes... I'll give you that.

That part you quoted from Legalcuriosity actually made me spit tea on my monitor...LOL

He is probably too young to realize just how many dad's simply disappeared and never paid their child support in that generation.....and that that is why child support laws are so rigid today.

However even for today...that was a pretty silly statement.

 

[Gracie3787]

What is the name of your state?GA,KY

I am 39 years old. My father left when I was 2 and only paid child support for 2 years and didn't pay the full amount for those two years. My mother came up with the idea the other day to go after him for unpaid child support for approximately 16 years (assuming he is still alive). I'm fairly certain she has a court order for him to pay child support. Is there any chance of her collecting back child support? I don't think she needs the money, it's a matter of principle.

It sounds to me like your Mother put the past behind her years ago, and probably doesn't have the intense need to get revenge, or make him pay now.

It also sounds to me that you haven't put it behind you and harbor some very angry, cofused feelings about your father, which is quite understandable. However, for your own well being you really should put the notion of making him pay now out of your head, and get some counseling. I really hope you do.

 

[haiku]

That part you quoted from Legalcuriosity actually made me spit tea on my monitor...LOL

He is probably too young to realize just how many dad's simply disappeared and never paid their child support in that generation.....and that that is why child support laws are so rigid today.

However even for today...that was a pretty silly statement.

exactly. I am 37, and I have one of those "dads". he ran off to a state that would not honor my mothers out of state court order. he would have made most wanted no. 1. Our generation is very likely the reason, there are now better laws to keep parents from hiding like that. But even today, a court order can't stop a deadbeat.

I do believe my mother has a lien on my fathers property, for unpaid support and alimony. So some things may be able to be done depending on state laws.I have no idea of all the logistics though, being as my mother raised me well, and it is not my business.

 

[HurtGrl]

Back support?????

For those few last rude replies...."you snooze, or if he had a CO he would of paid....?????yea right..what world are you from? I'm a single mom trying to get some support from a deadbeat dad......Ya know it takes two to make a child but obviously in THIS world just one to raise the child.....and the other parent gets away, while the sole provider lives in debt???yea, if you can locate your ...so called.....father.....go after the years that he never provided for you, and give your mom a big hug for raising you the best she could and provided you with your life......HATS off to single moms...