back child support

[pfeifj01]

I am marrying a man that owes back child support. The children are in missouri but they are grown. the boy is 23 and the girl is 20. the ex has decided she wants back child support. how can she after all these years first be asking for that money. isn't there a statue of limitation here.

 

[p towle]

Many states have statutes of limitations,but most are 20yrs after last adjudication or after 18 th birthday. I will try to remember to look up your states limits. Is the court order from another state? how much is owed? Why was it not paid? There are reasonalbe options likely w/o thinking all is lost. Do you have the ability to offer a 50% settlement?

 

[pfeifj01]

Thank you, if you could check for Missouri. The court order is from Missouri. We would like to talk to the ex about it. She had told us a few years back to just forget it. Then one day we got a letter saying they were garnishing wages. We were surprised. We tried to talk to her but she won't. We had his work try to get some info but they haven't done it. We feel left in the dark with no one to talk to unless we get a lawyer and we don't want to do that. Are you saying that child support is like a student loan. You never get excused from it. No matter what you will have to pay it off. How can she just change her mind after all these hears. Don't the men have any say?

 

[LegalBeagle]

Thank you, if you could check for Missouri. The court order is from Missouri. We would like to talk to the ex about it. She had told us a few years back to just forget it. Then one day we got a letter saying they were garnishing wages. We were surprised. We tried to talk to her but she won't. We had his work try to get some info but they haven't done it. We feel left in the dark with no one to talk to unless we get a lawyer and we don't want to do that. Are you saying that child support is like a student loan. You never get excused from it. No matter what you will have to pay it off. How can she just change her mind after all these hears. Don't the men have any say?

No one needs to look up the SOL for CS in MO. If there is a prior order then 5 years past the age of Majority is certainly within any SOL.

CS is not like a student loan, it is a judgement that you are ordered to pay and which is only discharged when two things happen, 1. Death 2. A bankrupt estate.

The 'man' has a say.. he has the option to listen to a judge and follow an order of the court, regardless of what the other party tells them. He put his ex above the judge which is wrong.

There are three options..

1. pay the full amount over time
2. offer a lump sum which is less than the full amount to discharge all arrears
3. retain an attorney, fight her in court and hope that a judge rules in your favor.

Good Luck.

 

[p towle]

I think you mean a sol on collecting arrears not of an on going obligation. states vary on that sol but most if not all req an ajudicated order. i will try to remember looking up missouri.

 

[p towle]

according to a 2 yr old ncsea sol on colection of pastdue is 10yrs las payment on court record or other form of revival of orer on court record. i can fax you a copy if you need.

 

[alba]

When considering a statute of limitions defense you must conside the following, Did the petitioner seek enforcment services within the applicable statue of limtation period for collecting arrears ( in your state it could be anywhere from 6 years to 20yrs), Has the arrears been reduced to final judgement, Is this support case been deemed abandoned due to non-activity? I would think the first person to make a move weather to reduce the arrears to judgement or present a statute of limitations defense would win.

arrears cannot be vacated in most instances but non action for enforcement is also time barred.

 

[TickledPink]

I don't think there should be a statute of limitations on child support, however, in Indiana it's 10 years past the age of 18. I know 10 years is a long time to keep dodging the support payments, but, to wait until time is out and then stick your thumb up at the ex and say time's up is ridiculous.

 

[LegalBeagle]

I don't think there should be a statute of limitations on child support, however, in Indiana it's 10 years past the age of 18. I know 10 years is a long time to keep dodging the support payments, but, to wait until time is out and then stick your thumb up at the ex and say time's up is ridiculous.

I think you will find that you can renew the judgement and keep it going until the person dies. It is not a case of when the child turns 28 the judgement is nulled. If you keep the judgement alive, then you can dodge all you want, the petitioner can hound them forever.