<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
IAAL, You said in a post titled 'Heres a hard one' by Kaytin that there may be a 'Statute of Limitations problem' in collecting past Child Support under the CSRA. I read through it, but could not find an indication of where SOL would kick in and enable to the deadbeat parent to get out of paying..
Can you explain a little more ?
Thanks.<HR></BLOCKQUOTE>
My response:
Sure.
First, it's nice to hear from you again. I hope all is well.
As you know, the CSRA is Federal Law. Federal law is required to use that States' laws where there are no similar "limitation periods" in the Federal law. So, State limitation periods apply to the CSRA.
As we have previously learned, when it is the State or the County or Town that is attempting collections, there is no Statute of Limitations. In other words, when a governmental entity, such as a State, is doing the collecting, the collection procedure and enforcement of jail sentencing under the CSRA can occur until the time of obligor's death; and collection of money can continue beyond death by attaching the assets of an obligor's Estate.
However, if a private party CP is the one attempting to enforce an arrearage of child support, that CP has up to two years after the child's age of majority to begin CSRA proceedings. Once judgement is rendered in favor of the CP, that judgment is good for 10 years, and renewable for another 10 years upon application therefor.
In either case, however, the defense to such potential action under the CSRA, incarceration and payment of arrearages, is the legal theory of "laches" (pronounced la-cheese).
Run an Internet search for "laches" so that you can get a better understanding of that defense.
Hope this helps and explains matters for you.
IAAL
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