Child Support Statutes?

I have heard that there is a statute of limitations on how long back child support can be collected. I live in Washington State, does anyone know how long those statutes are? I was current on support until 3 years ago when out of the blue I was hit with a support order for a child I never knew I had. That added 12 years of back support onto my current support from my ex in addition to the fact I am married again and have a new family. I'll never be able to pay the amount of back support off that I was hit with. I don't believe in NOT supporting my children, but 12 years later suddenly getting hit....I hope someone out there can help or direct me to some help!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Overwhelmed:
[b]I have heard that there is a statute of limitations on how long back child support can be collected. I live in Washington State, does anyone know how long those statutes are? I was current on support until 3 years ago when out of the blue I was hit with a support order for a child I never knew I had. That added 12 years of back support onto my current support from my ex in addition to the fact I am married again and have a new family. I'll never be able to pay the amount of back support off that I was hit with. I don't believe in NOT supporting my children, but 12 years later suddenly getting hit....I hope someone out there can help or direct me to some help![/b]<HR></BLOCKQUOTE>

My response:

Check with a Washington attorney.

Laches defense to enforcement of spousal support arrears: A spousal support award historically invokes the court's equity jurisdiction and, therefore, its enforcement traditionally has been subject to the equitable defense of laches. [Marriage of Plescia (1997) 59 Cal.App.4th 252, 258, 69 Cal.Rptr.2d 120, 124] A "laches" defense is distinct from a "diligence" defense: Whereas "diligence" consists only of delay, "laches" consists of both unreasonable delay and prejudice to the party raising the defense. While the Legislature has eliminated "diligence" as a consideration in the enforcement of spousal support (above), it has not stripped the court of its traditional discretion to deny enforcement of past-due spousal support under the equitable doctrine of laches. [Marriage of Plescia, supra, 59 Cal.App.4th at 261-262, 69 Cal.Rptr.2d at 126; see also Marriage of Garcia (1998) 67 Cal.App.4th 693, 701, 79 Cal.Rptr.2d 242, 246 (distinguishing "laches" from "lack of diligence" for purposes of enforcement under prior law)] "When the Legislature discontinued looking at diligence, it could have eliminated the laches defense as well . . . [W]e conclude that the Legislature's decision to leave laches out of its legislative scheme, allows that remedy to remain available in appropriate cases." [Marriage of Plescia, supra, 59 Cal.App.4th at 262, 69 Cal.Rptr.2d at 126--laches barred W's enforcement of spousal support arrears where she waited over 9 years to attempt collection and, in the interim, H retired and could no longer pay as ordered.] Laches defense to child support enforcement? No known reported authority to date has recognized a similar laches defense to the enforcement of child support arrears. However, given the public policy priority in ensuring adequate child support and because the underpinnings of child support (unlike spousal support) are not "equitable" in nature, it is doubtful a court would have the power to refuse enforcement of past-due child support on the basis of laches (at least where the child has not yet reached adulthood and thus would still benefit from the arrearages collection). Nonetheless, the issue remains open. Statute of limitations on enforcement by contempt: All Family Code orders and judgments--including those for support--are subject to a statute of limitations on enforcement by way of contempt. [See Ca Civ Pro § 1218.5(b)]

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited April 24, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Overwhelmed:
[b]I have heard that there is a statute of limitations on how long back child support can be collected. I live in Washington State, does anyone know how long those statutes are? I was current on support until 3 years ago when out of the blue I was hit with a support order for a child I never knew I had. That added 12 years of back support onto my current support from my ex in addition to the fact I am married again and have a new family. I'll never be able to pay the amount of back support off that I was hit with. I don't believe in NOT supporting my children, but 12 years later suddenly getting hit....I hope someone out there can help or direct me to some help![/b]<HR></BLOCKQUOTE>Check out [url="http://www.acf.dhhs.gov/programs/cse/fct/sp96_wa.htm"]www.acf.dhhs.gov/programs/cse/fct/sp96_wa.htm[/url] it will give you an overall glance at Washington states guidelines. Good Luck