Back Child Support

[weenor]

That depends on if the ordering state has an SOL. Some do.. some don't. I cannot say for sure about Tx though right off the top of my head but it can be easily searched.

I should clarify my statement. In most states, child support becomes a judgment on the date is due and owing according to the order. As such collection of arrearages is subject to that state's SOL for judgments. For example, the SOL in Alabama is 20 years from the due date. In addition Alabama like many states allows for the renewal of judgments to extend the collection period beyond 20 years.

 

[graybeard1952]

I should clarify my statement. In most states, child support becomes a judgment on the date is due and owing according to the order. As such collection of arrearages is subject to that state's SOL for judgments. For example, the SOL in Alabama is 20 years from the due date. In addition Alabama like many states allows for the renewal of judgments to extend the collection period beyond 20 years.

STATE: TEXAS

STATUTE OF LIMITATIONS (IN YEARS)

Open Account: 4
Written Contract: 4
Domestic Judgment: 10 Renewable
Foreign Judgment: 10 Renewable

So here is the SOL for Texas, would the 10 years begin at the childrens 18th birthday or when the divorce was final?

 

[tigger22472]

STATE: TEXAS

STATUTE OF LIMITATIONS (IN YEARS)

Open Account: 4
Written Contract: 4
Domestic Judgment: 10 Renewable
Foreign Judgment: 10 Renewable

So here is the SOL for Texas, would the 10 years begin at the childrens 18th birthday or when the divorce was final?

There are special SOL's when it comes to CS
Doesn't look like Tx has one http://www.google.com/webhp

 

[graybeard1952]

Thanks a lot for the info.

 

[ceara19]

There are special SOL's when it comes to CS
Doesn't look like Tx has one http://www.google.com/webhp

You're right, there is no SOL in Texas for CS, but it is more difficult to collect after the kids are 18. CSE is not going to help because once the child turns 18, the case is no longer considered active in their system and the amount owed is removed from their bottom line. That way when the release their annual report, the amount moves from the "uncollected" column to the "collected" column.

Jail is also pretty much off the table, but not ALWAYS. The majority of courts will not arrest and/or incarcerate the NCP because his lack of paying is no longer detrimental to the child[ren] and imprisonment could be viewed as a "debtors prison".

Wage garnishment, tax refund intercept and asset seizure can still be used though.

 

[tigger22472]

You're right, there is no SOL in Texas for CS, but it is more difficult to collect after the kids are 18. CSE is not going to help because once the child turns 18, the case is no longer considered active in their system and the amount owed is removed from their bottom line. That way when the release their annual report, the amount moves from the "uncollected" column to the "collected" column.

Jail is also pretty much off the table, but not ALWAYS. The majority of courts will not arrest and/or incarcerate the NCP because his lack of paying is no longer detrimental to the child[ren] and imprisonment could be viewed as a "debtors prison".

Wage garnishment, tax refund intercept and asset seizure can still be used though.

That is pretty much how Indiana is EXCEPT they DO have a SOL that is 10 years past majority of the youngest. Well, not actually I guess cuz the age of majority in In. is 21 and the prosecutor I spoke to told me that after 18 it's 10 years, but like you said CSE won't pursue it anymore.

 

[ceara19]

That is pretty much how Indiana is EXCEPT they DO have a SOL that is 10 years past majority of the youngest. Well, not actually I guess cuz the age of majority in In. is 21 and the prosecutor I spoke to told me that after 18 it's 10 years, but like you said CSE won't pursue it anymore.

In Texas, if a person is lucky enough to be receiving support at the time the regular payments end and there are still arrears owed, CSE won't rescind the withholding order at the NCP's request without a signed order from the judge. The judge won't sign the order until the arrears are paid. The problem with that is even thought money is still being collected and sent to the CP, nobody is actually keeping track of how much is being paid and how much is owed. If the NCP changes jobs, your on your own as far as tracking them down, but if you do, you can send in the garnishment order.

 

[GrowUp!]

Isn't there something that you have to do within a certain length of time after the child reaches a majority age? something about turning it into a collection instead of child support arrearages??

The moment it is turned to a collection agency (i.e. those ridiculous "child support collection services" or any collection agency), that child support arrearage now becomes a debt and can be dissolved in any bankruptcy proceeding.

 

[GrowUp!]

Wow, that's great to hear.

I have a friend whose ex owes her over 100K in back child support. The kids are in their 20's now. He left when the youngest was around 3. He would rather live on the street and work for cash than support his kids, and have a relationship with them.

They have nothing to do with him, and have made it known at major life events that he is to be removed from the premises if he somehow finds out and shows up.

FYI Ithildriel...you are now up to 911 posts.

Freaky!

 

[Ithildriel]

FYI Ithildriel...you are now up to 911 posts.

Freaky!

Not anymore...whew.

Thanks for the heads up!

 

[fairisfair]

The moment it is turned to a collection agency (i.e. those ridiculous "child support collection services" or any collection agency), that child support arrearage now becomes a debt and can be dissolved in any bankruptcy proceeding.

thanks, but that isn't what I am talking about, I guess this might be the case that is confusing me, I believe that he actually appealed and won this case (Hayden) something about the state only giving 3 years for a creditor to turn to collection....In this case, it had to do with the state, granted, but the ruling was based on the state having no more rights than an individual.

http://www.brianstanleylaw.com/sb/images/stanley/HaydenAmicusBrief.pdf