Statute of Limitations on Child Support?

[familyoffive181]

What is the name of your state? Texas

I am a new member to this forum and have a question for a friend. She is 28, almost 29 years of age. Her mother just passed away in October of 2007. My friend was born to an unwed mother and a military biological father. The father paid court ordered support for almost one year before getting a Dishonorable Discharge from the USMC. The original order was in Oceanside, CA. When he got out of the Marines, he split and was never heard from again until my friend found him. She called his listed home telephone number and asked him a few questions to which he responded with "I have no idea who you are or what you want from me".

Now, the question I have for my friend is this: can she get the support money that was owed to her from so many years ago? Her mother tried one time after he stopped paying support to get the support enforced here in Texas (they had moved to Texas afterward) and it did not produce any results. Her mother did not have enough of his information to gain an order for support here. My friend is not trying to stomp in and ruin this man's life but she grew up lacking a whole lot DUE TO his negligence and complete lack of responsibility as a father! She only wants for him to take responsibility for his actions. Does anyone have any advice on this topic that may be of some help? Thanks in advance for any time or help!

 

[fairisfair]

child support is NOT owed to the child. It is owed to the custodial parent.

if anyone has any chance at all it is the mother. not your friend.

and after the length of time you describe, that is questionable at best.

 

[Gracie3787]

What is the name of your state? Texas

I am a new member to this forum and have a question for a friend. She is 28, almost 29 years of age. Her mother just passed away in October of 2007. My friend was born to an unwed mother and a military biological father. The father paid court ordered support for almost one year before getting a Dishonorable Discharge from the USMC. The original order was in Oceanside, CA. When he got out of the Marines, he split and was never heard from again until my friend found him. She called his listed home telephone number and asked him a few questions to which he responded with "I have no idea who you are or what you want from me".

Now, the question I have for my friend is this: can she get the support money that was owed to her from so many years ago? Her mother tried one time after he stopped paying support to get the support enforced here in Texas (they had moved to Texas afterward) and it did not produce any results. Her mother did not have enough of his information to gain an order for support here. My friend is not trying to stomp in and ruin this man's life but she grew up lacking a whole lot DUE TO his negligence and complete lack of responsibility as a father! She only wants for him to take responsibility for his actions. Does anyone have any advice on this topic that may be of some help? Thanks in advance for any time or help!

Is your friend's mother's estate still being probated? If it is, your friend can give all the info to the attorney who can attempt to get payment for her mother's estate.

 

[Zigner]

My friend is not trying to stomp in and ruin this man's life but she grew up lacking a whole lot DUE TO his negligence and complete lack of responsibility as a father!

Slight correction - she grew up lacking a whole lot due, IN PART, to the father's actions. The mother also has a responsibility to properly provide for her child. Don't blame it ALL on the guy.

 

[nextwife]

Sounds like no effort to enforce was made in maybe the last quarter century. Even if mom were alive, dad may be able to use a Laches defense.

 

[Inquiry123]

Is your friend's mother's estate still being probated? If it is, your friend can give all the info to the attorney who can attempt to get payment for her mother's estate.

In TX, if the obligee dies, the child support is to continue to be paid. It is to be paid proportionately for the benefit of each surviving child named in the support order and NOT THE ESTATE OF THE OBLIGEE. The payment is free of any creditor claim - a creditor cannot execute against the payment. The payment shall be made to any person who has assumed actual care of the child - including the obligor, a managing conservator of the child; a guardian of the child if one has been appointed; or the county clerk in the name of and for the account of the child. On presentation of the obligee's death certificate, the court shall render an order directing the payment of the child support.

That's if the child is not emancipated at the time of the obligee's death. Is your friend severly physically or mentally handicapped? If so, see an attorney. If not, have her move onward and upward.

Good luck.

 

[proud_parent]

Here's a link to Texas Family Code § 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH OF OBLIGEE (the section that Inquiry123 referenced) if anyone cares:

http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000154.00.htm


From OP's post, it would seem that the child support obligation ended a decade before the obligee's death.

 

[alissagail]

I live in Texas...when my daughter was 28, I was told that I should try and get back child support from her father that only paid no more than $600 in child support from 1977 until she turned 18 in 1994. I was told that it was past the statute of limitations.

 

[proud_parent]

I live in Texas...when my daughter was 28, I was told that I should try and get back child support from her father that only paid no more than $600 in child support from 1977 until she turned 18 in 1994. I was told that it was past the statute of limitations.

Yep. Texas SOL for child support enforcement is 10 years.

§ 157.005. TIME LIMITATIONS; ENFORCEMENT OF CHILD SUPPORT.

 

[Gracie3787]

In TX, if the obligee dies, the child support is to continue to be paid. It is to be paid proportionately for the benefit of each surviving child named in the support order and NOT THE ESTATE OF THE OBLIGEE. The payment is free of any creditor claim - a creditor cannot execute against the payment. The payment shall be made to any person who has assumed actual care of the child - including the obligor, a managing conservator of the child; a guardian of the child if one has been appointed; or the county clerk in the name of and for the account of the child. On presentation of the obligee's death certificate, the court shall render an order directing the payment of the child support.

From what I can tell, that is correct for all states when there are still minor children.

However, OP is referring to CS arrears that were accrued many years ago and the children are all grown. I don't know if what you are referring to can be used in this situation.

 

[Inquiry123]

However, OP is referring to CS arrears that were accrued many years ago and the children are all grown. I don't know if what you are referring to can be used in this situation.

Gracie:

Correct...I should have been clearer. If she is not severly handicapped, she is emancipated and should move on with life. Sorry.

 

[familyoffive181]

I just want to say thank you to all who gave me some sort of advice on this subject! The friend of mine in question was over here at my house today and I told her what everyone on here stated. She checked the state statutes out and they said just that. I appreciate the time and effort put into it...now if only some of the people on the other threads could act so mature about things and not bring "stepparenting" and other areas of irritation into the picture then all of the threads would go so smoothly! LOL

 

[2Mistakes]

now if only some of the people on the other threads could act so mature about things and not bring "stepparenting" and other areas of irritation into the picture then all of the threads would go so smoothly! LOL

Gee, guess we shouldn't bring up the fact that your husband cheated on his ex with you, and in all likely-hood, will do the same to you. Is that one of the "other areas of irritation" you are talking about?

 

[StampGirl]

...now if only some of the people on the other threads could act so mature about things and not bring "stepparenting" and other areas of irritation into the picture then all of the threads would go so smoothly! LOL

Hmmm it was only "an area of irritation" because it was the TRUTH. PERIOD.

You are an over-involved step-parent. End of story.

You give steps a bad name my dear. Wonder if your step-daughters know how you feel about their Mom who is half of them by the way???? You should watch what you say around them. Demeaning and saying horrible things about their REAL mom (no matter if you deam them to be true or not) only hurts the child.